Madras High CourtWP(MD)/14879/2019dismissed

K.Thirumaran v. The Principal Chief Forest

2022-04-12Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD) No.14879 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.04.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.14879 of 2019 K.Thirumaran ... Petitioner -vs1. The Principal Chief Forest Officer, Panagal Maligai, Saidapettai, Chennai-600 015.

2. The Additional Principal Chief Forest Officer Cum Director, Arignar Anna Zoological Park, Vandalur, Chennai-600 048.

3. The Forest Officer, O/o.Forest Animal Husbandry, Guindy, Chennai-600 022.

... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to consider the petitioner's compassionate ground appointment application dated 08.10.2014 and issue the appointment order in favour of the petitioner within the period stipulated by this Court.

For Petitioner :

Mr.H.Velavadhas For Respondents:

Mr.M.Ramesh Government Advocate ******

O R D E R

The relief sought for in the present writ petition is to direct the respondents to consider the petitioner's application dated 08.10.2014 and issue appointment order on compassionate ground in favour of the petitioner.

2. The petitioner states that his stepmother deceased Kala is the sister of Tmt.N.Indira, who is his mother. Smt.Indira and Kala https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.14879 of 2019 are the daughters of Narayan Bakthar and Meenakshi Narayan Bakthar and Meenakshi Narayan Bakthar passed away in the year 1975. It is contended that Kala was working as Forest Ranger in Guindy Childrens Park. She was a spinster and she adopted the writ petitioner on 28.08.1980 as per the customs of her community. It is contended that the said Kala, Forest Ranger died on 26.05.2012. The petitioner submitted an application on 10.06.2012 for providing compassionate appointment.

3. This Court is of the considered opinion that the scheme of compassionate appointment is to be implemented strictly in accordance with the terms and conditions. The petitioner claims to be the adopted son. This apart, the employee died in the year 2012 and the petitioner filed writ petition in the year 2019. Even at the time of filing of the writ petition, the petitioner was aged about 44 years as per his own affidavit. Now he would be around 47 years. This being the factum, the petitioner is not entitled for appointment on compassionate grounds, as he is over-aged. Thus, the relief as such sought for cannot be granted and accordingly, this Writ Petition stands dismissed. However, there shall be no order as to costs.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) abr To

1. The Principal Chief Forest Officer, Panagal Maligai, Saidapettai, Chennai-600 015.

2. The Additional Principal Chief Forest Officer Cum Director, Arignar Anna Zoological Park, Vandalur, Chennai-600 048.

3. The Forest Officer, O/o.Forest Animal Husbandry, Guindy, Chennai-600 022.

W.P.(MD) No.14879 of 2019 12.04.2022 ss(CO) TR(04.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2