Madras High CourtWA(MD)/1188/2017allowed

R. Balasubramanian v. The Superintend Engineer

2017-09-11Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.A.(MD)No. 1188 of 2017 R.Balasubramanian .. Appellant Vs.

1.The Superintending Engineer (incharge) Dindigul Distribution District, Meenakshi Nayakkanpatti, Dindigul.

2.R.Ramuthai 3.R.Rajesh Kannan 4.R.Gomathi ... Respondents PRAYER: Appeal is filed under Clause 15 of Letters Patent, to set aside the order dated 16.06.2017 in W.P.(MD) No.7246 of 2015 on the file of this Court.

Prayer in WP(MD). 7246/ 2015 :

This Writ Petition is filed under Article 226 of the Constitution of India, praying to issue of a Writ of Certiorarified mamdamus, to call for the records of the 1st respondent in impugned proceedings in f.vz;.012616/493/ep.gp1/c.4/nfh.jdp/2014 dated 29/12/2014 and quash the same and consequently direct the 1st Respondent to give compassionate appointment to petitioner. For Appellant : Mr.K.Sudalaiyandi For Respondents : Mr.T.S.Md. Mohideen, AGP for R1

JUDGMENT

[Judgment of the Court was delivered by G.R.SWAMINATHAN, J.] The unsuccessful writ petitioner is on appeal challenging the order dated 16.06.2017 made in W.P.(MD) No.7246 of 2015. The writ petitioner's father was working as Accountant in the office of the https://hcservices.ecourts.gov.in/hcservices/

first respondent. He passed away on 02.12.1995. The writ petitioner was hardly two years old at that time. He submitted an application on 03.05.2014 seeking appointment on compassionate grounds. It was rejected by order dated 29.12.2914 by the first respondent. Challenging the same, he filed W.P.(MD) No.7246 of 2015. The learned Judge dismissed the same by order dated 16.06.2017. Hence, this intra Court appeal.

2.When it is the admitted case of the appellant that his father passed away as early as in 1995, the question of granting compassionate appointment will not arise. The appellant cannot expect the department to wait till he attains the age of majority. Compassionate appointments are not matters of right. The case of the writ petitioner will have to fall within the four corners of the scheme in operation. The writ petitioner has not made out such a case. Reasons assigned by the learned Judge are fully justified. There are no merits in this appeal.

3.The writ appeal stands dismissed. No costs. Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar To The Superintending Engineer (incharge) Dindigul Distribution District, Meenakshi Nayakkanpatti, Dindigul.

+One cc to Mr.K.Sudalaiyandi, Advocate, SR.No.78096 +One cc to The Special Government Pleader, SR.No.78367 Arul/skm RL/4C/2P/SV/MMS/SAR1/21/9/2017 W.A.(MD)No. 1188 of 2017 11.09.2017 https://hcservices.ecourts.gov.in/hcservices/