J.Kannan v. The Chairman Cum Managing

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.3586 of 2015 and M.P.(MD)No.1 of 2015 J.Kannan ... Petitioner -Vs1.The Chairman Cum Managing Director, The New India Assurance Company Limited, No.87, Mahatma Gandhi Road, Fort Mumbai-400 023.

2.The Manager, The New India Assurance Company Limited, Regional Office, Obli Towers, No.594, D.B.Road, R.S.Puram, Coimbatore-641 002.

3.The Branch Manager, The New India Assurance Company Limited, 5476-79, 1st Floor, Thirumayam Road, Pudukkottai HO, Pudukkottai District-622 001.

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the second respondent in his proceeding in CBE/RO/HRM/KV/2014 dated 28.10.2014 and quash the same and consequently, direct the second respondent to appoint the petitioner under compassionate appointment to a suitable post.

For Petitioner : Mr.N.Balakrishnan For Respondents : No Appearance

ORDER

The order of rejection dated 28.10.2014, rejecting the claim of the writ petitioner for compassionate appointment, is under challenge in the present Writ Petition.

2.The writ petitioner had also filed W.P.(MD)No.7657 of 2014 and this Court had passed an order on 03.09.2014, directing the respondents to consider the representation dated 11.02.2014, in the https://hcservices.ecourts.gov.in/hcservices/

light of prevailing policy of the Insurance Company and on merits. Accordingly, the case of the writ petitioner was considered by the respondents and therefore, the order, which is impugned in the present Writ Petition, was passed.

3.As per the impugned order, policy of compassionate appointment itself was stopped by the respondents with effect from 01.10.2002. Thus, the respondents had declined to extend the benefit of appointment on compassionate ground. 4.The learned counsel appearing for the writ petitioner states that subsequently, a decision was taken by the company on 01.11.2014 for the restoration of the scheme. 5.In the event of restoration of the scheme of compassionate appointment, then the case of the writ petitioner is also to be considered along with all other eligible candidates, who are awaiting to secure the employment on compassionate ground. 6.With these observations, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) +1 CC to M/s.N.BALAKRISHNAN, Advocate SR-70576. W.P(MD)No.3586 of 2015 21.06.2019 CS: (08/07/2019) 2P 2C https://hcservices.ecourts.gov.in/hcservices/