Vishali O.S v. The Commissioner Cum Joint Director (Employee Group)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN O.S.Vishali ... Petitioner Vs 1.The Commissioner Cum Joint Director (Employee Group), Tamil Nadu School Education Department, School Education Commissionerate, Chennai.

2.The Chief Educational Officer, Trichy District, Trichy.

3.The Headmaster, Government Higher Secondary School, Thethur, Trichy District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order in the nature of impugned order dated 20.01.2023 passed by the second respondent in his proceedings in Na.Ka.No. 771/A1/2022 dated 20.01.2023 and quash the same and consequently direct the 1/4

respondents to appoint the petitioner in any suitable job on compassionate appointment at the respondents department in the place of the petitioner's mother, namely, Amutha within a time frame as fixed by this Court. For Petitioner : Mr.B.Prahalad Ravi For Respondents : Mr.N.Satheeskumar Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2. The petitioner's father / Saravanan passed away in the year 2004. He was working as Junior Assistant. An application for appointment on compassionate ground is said to have been submitted within three years by the petitioner's mother. The petitioner's mother does not appear to have proceeded in the matter. The petitioner, instead, wants to be provided with appointment on compassionate ground. The petitioner is aged about 22 years. When the petitioner's father passed away, she was hardly four years.

3. In these circumstances, it is only the petitioner's mother who may probably have a case to pursue. The petitioner was a minor during the relevant time. Having attained majority only four years ago, she cannot have any claim. The order impugned in this writ petition does not warrant interference. 2/4

4. This writ petition is dismissed. There shall be no order as to costs. 25.04.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Commissioner Cum Joint Director (Employee Group), Tamil Nadu School Education Department, School Education Commissionerate, Chennai.

2.The Chief Educational Officer, Trichy District, Trichy.

3.The Headmaster, Government Higher Secondary School, Thethur, Trichy District.

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G.R.SWAMINATHAN, J.

MGA 25.04.2023 4/4