Evangeline Selvi v. The Managing Director

W.P.(MD) No.2107 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.2107 of 2022 and W.M.P(MD).No.1810 of 2022 1.Evangeline Selvi 2.Mary Marthal ... Petitioners Vs.

1 The Managing Director State Express Transport Coporation Tamil Nadu Limited, 2, Pallavan Salai, Chennai-600002.

2 The Branch Manager State Express Transport Corporation Tamil Nadu Limited, Kanyakumari.

3.Vinoth Kumar 4.Minor Jeyakumar ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 1st Respondent herein to provide employment to the 2nd petitioner in any suitable job in consonance with 2nd Petitioner's educational qualification on compassionate basis by considering the 2nd Petitioner's final representation dated 17.02.2020. For Petitioner :

Mr.S.R.Sathan Boopathy For Respondents :

Mr.K.Sathiya Singh

O R D E R

The relief sought for in the present writ petition is to direct the first respondent to provide appointment to the petitioner on compassionate ground.

2. Admittedly, the father of the writ petitioner namely R.Jeyabal Chandran, who was working as Driver, died on 18.05.2010, while he was in service. However, no application was filed during the relevant point of time.

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W.P.(MD) No.2107 of 2022

3. The learned counsel appearing for the writ petitioner made a submission that the application was filed in the year 2020, in view of the fact that there was a dispute between the legal heirs.

4. Such disputed facts between the legal heirs cannot be a ground to provide appointment after a lapse of 11 years from the date of death of the deceased employee. The application itself was submitted beyond the period stipulated in the scheme of compassionate appointment. Further, the period of 11 years lapsed from the date of death of the deceased employee. The petitioner has not established any acceptable ground for considering the application.

5. Accordingly, the Writ Petition stands dismissed. No costs. Connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) ssb To 1 The Managing Director State Express Transport Coporation Tamil Nadu Limited, 2, Pallavan Salai, Chennai-600002.

2 The Branch Manager State Express Transport Corporation Tamil Nadu Limited, Kanyakumari.

+1 CC to M/s.K.SATHIYA SINGH, Advocate ( SR-11328[F] dated 10/03/2022 ) +1 CC to M/s.S.R.SATHAN BOOPATHY, Advocate ( SR-11051[F] dated 10/03/2022 ) W.P.(MD) No.2107 of 2022 09.03.2022 RK(22/03/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2