Madras High CourtWP(MD)/7449/2021dismissed

Sujithra v. The State Of Tamil Nadu

2022-03-03Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD) No.7449 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.7449 of 2021 and W.M.P.(MD) No.5627 of 2021 Sujithra ... Petitioner vs.

1.The State of Tamil Nadu Rep.by Secretary to Government Medical, Rural Health Service and Family Welfare Department Secretariat, Chennai-09 2.The Director Directorate of Medical and Rural Health Services Anna Salai, Chokkalingam Nagar Teynampet, Chennai 3.The Deputy Director O/o.The Deputy Director Medical Rural Health Services and Family Welfare Sikil Raja Veethi, Ramanathapuram ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus calling for the records pertaining to the impugned order in Oo.Mu.No.32633/NeP8/1/2017 dated 22.06.2017, on the file of the respondent No.2 and quash the same as illegal and consequently directing the respondent Nos.1 and 2 to appoint the petitioner on compassionate grounds for any post for which she is eligible within the time period stipulated by this Court.

For Petitioner :

Mr.Lajapathi Roy.T.

For Respondents :

Mr.D.Sadiq Raja Additional Government Pleader

O R D E R

The order of rejection, dated 22.06.2017, passed by the second respondent, rejecting the claim of the petitioner for compassionate appointment, is under challenge in this writ petition.

2. Admittedly, the mother of the petitioner, who was working as Nurse in the District Government Hospital, Ramanathapuram, died on 10.11.1997 and the petitioner submitted an application seeking compassionate appointment on 10.05.2017, after a https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.7449 of 2021 lapse of 20 years from the date of death of the deceased employee. In view of the fact that the application itself was submitted after a lapse of 20 years, the reasons stated in the impugned order for rejection are in accordance with terms and conditions of scheme of compassionate appointment and thus, there is no infirmity in the impugned order.

3. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) krk To:

1.The Secretary to Government, Medical, Rural Health Service and Family Welfare Department, Secretariat, Chennai-09.

2.The Director, Directorate of Medical and Rural Health Services, Anna Salai, Chokkalingam Nagar, Teynampet, Chennai.

3.The Deputy Director, O/o.The Deputy Director Medical Rural Health Services, and Family Welfare, Sikil Raja Veethi, Ramanathapuram.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-9942[F] dated 04/03/2022 ) +1 CC to M/s.SPL GP ( SR-10176[F] dated 04/03/2022 ) W.P.(MD) No.7449 of 2021 and W.M.P.(MD) No.5627 of 2021 03.03.2022 RD(15.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2