R. Booma Devi, v. The Principal Chief

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2015

CORAM:

THE HONOURABLE Mr.JUSTICE S.VAIDYANATHAN W.P.(MD)No.7751 of 2015 R.Booma Devi ...

Petitioner Vs.

1.The Principal Chief Engineer and Chief Engineer, General Public Works Department, Chepauk, Chennai 600 005.

2.The Chief Engineer, Public Works Department, Tamil Nadu Ground and Surface Water Recourses Data Center, Tharamani, Chennai 600 113.

4.The Superintendent Engineer, Public Works Department, Ground Water Circle, Madurai.

5.The Executive Engineer, Public Works Department, Water Division, Madurai 625 002.

...

Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to appoint the petitioner in any of the available post in public works department on compassionate ground within the time stipulated by this Court. For Petitioner : Mr.R.Alagumani For Respondents : Mr.K.P.Krishnadoss, G.A.

O R D E R

The Writ petition has been filed seeking an order in the nature of Writ of Mandamus, directing the respondents to appoint the petitioner in any of the available post in public works department on compassionate ground within the time stipulated by this Court. 2.It is the case of the petitioner that her father died during 1983 and at that time she was 2 years old. Thereafter, the petitioner's mother made a representation on 10.04.1984 before the Special Chief Engineer, Periyaru Vaigai Scheme, Public Works Department and requested to appoint her on compassionate ground for the death of the petitioner's father. However, she was not provided any employment. The petitioner completed 10th standard in the year 1997 and she also completed 18 years in the year 1999. Once again the petitioner's mother made another https://hcservices.ecourts.gov.in/hcservices/

representation on 23.06.1999 for providing compassionate appointment. However, the first respondent has rejected the request stating that the application for compassionate appointment has been made after 3 years of the death of her father. Hence, the petitioner is before this Court with the present Writ petition for the above said relief. 3.Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents. 4.It is an admitted case that the petitioner has made application after 3 years. That apart, the request of the petitioner has already been rejected as early as 2002. If that being the case, without challenging the rejection order passed by the first respondent, the petitioner cannot seek for compassionate appointment. 5.Hence, this Court is not inclined to grant the relief as prayed for by the petitioner. Accordingly, the Writ petition is dismissed. 6.However, this order will not preclude the respondents from taking any decision to consider the case of the petitioner for compassionate appointment.

No costs.

Sd/- Assistant Registrar(T & P) \\True copy\\ Sub Assistant Registrar To 1.The Principal Chief Engineer and Chief Engineer, General Public Works Department,Chepauk, Chennai 600 005. 2.The Chief Engineer, Public Works Department, Tamil Nadu Ground and Surface Water Recourses Data Center, Tharamani, Chennai 600 113.

4.The Superintendent Engineer,Public Works Department, Ground Water Circle, Madurai.

5.The Executive Engineer,Public Works Department, Water Division,Madurai 625 002.

+1cc to MR.R.ALAGUMANI, ADVOCATE SR.NO.24200 +1cc to THE SPL.GOVT.PLEADER SR.NO.24874 W.P.(MD)No.7751 of 2015 30.04.2015 NBJ NA/SAR-II/01/06/2015/P2/8C https://hcservices.ecourts.gov.in/hcservices/