A. Kumar v. The Principal Conservtor Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.06.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.4128 of 2014 and W.M.P.(MD). No.1 of 2014 A.Kumar ... Petitioner Vs.

1.The Principal Conservator of Forests, Panagal Buildings, Saidapet, Chennai-15.

2.The District Forest Officer, O/o The District Forest Officer, Sivagangai, Sivagangai District.

...Respondents

PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the second respondent in Na.Ka.No. 1122/2012/M dated 14.03.2012 and quash the same as arbitrary, capricious and illegal and consequently direct the 2nd respondent to provide employment to the petitioner under compassionate scheme. For Petitioner : Mr.G.Rajaraman For Respondents : Mr.N.S.Karthikeyan Additional Government Pleader ***

O R D E R

This Writ Petition has been filed to call for the records of the second respondent in Na.Ka.No. 1122/2012/M dated 14.03.2012 and quash the same as arbitrary, capricious and illegal and consequently direct the 2nd respondent to provide employment to the petitioner under compassionate scheme.

2. The learned Counsel for the petitioner stated that father of the petitioner died on 14.05.1982, when the petitioner was just seven years old. After attaining majority, he filed an application in 2000 seeking compassionate appointment. Though this application was filed long back, it was considered after long delay and ultimately an order came to be passed on 14.03.2012, rejecting his request for compassionate appointment.

3. The fact that the petitioner's father died on 14.05.1982 is not in dispute and the petitioner himself admitted that he was seven years old at that time. Hence the petitioner's application filed in the year 2000, is beyond the period of https://hcservices.ecourts.gov.in/hcservices/

limitation, even after considering the position that the petitioner is entitled to file an application within three years from the date of attaining majority. There is no merit in this Writ Petition hence it is dismissed.

4. With the above observations, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is dismissed.

Sd/- Assistant Registrar(Records) / True Copy / Sub Assistant Registrar(C.S.) 1.The Principal Conservator of Forests, Panagal Buildings, Saidapet, Chennai-15.

2.The District Forest Officer, O/o The District Forest Officer, Sivagangai, Sivagangai District.

+1 CC TO MR.G.RAJARAMAN, ADVOCATE,SR NO.59456 +1 CC TO SPECIAL GOVERNMENT PLEADER SR NO.59789 SM/TA MAS/KKR/SAR2:23.06.2017:2P-5C ORDER MADE IN W.P.(MD).No.4128 of 2014 09.06.2017 https://hcservices.ecourts.gov.in/hcservices/