M.Shankar Raja v. The Director General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD) No.17568 of 2018 M.Shankar Raja ... Petitioner vs.

1. The Director General of Police, Director General Office, Chennai-4

2. The Superintendent of Police, Theni District, Theni.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents to appoint the petitioner on compassionate ground based on the representation dated 24.07.2017. For Petitioner :

Mr.A.Arul Jenifer For Respondents :

Mr.R.Sethuraman Special Government Pleader

O R D E R

Mr.R.Sethuraman, learned Special Government Pleader, takes notice for the respondents.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The petitioner has approached this Court with the present writ petition seeking direction to the respondents to consider his request for compassionate appointment on the death of his father. According to the petitioner's own averments, his father, who worked as a Constable in the respondent Police Force, died as early as on 25.11.1993. According to the petitioner, immediately after the death of his father, an application was made for compassionate appointment on 30.01.1996 and in the year 1997, the respondents also called for particulars from the petitioner for https://hcservices.ecourts.gov.in/hcservices/

consideration.

4. In spite of the correspondences effected between the petitioner and the respondents, nothing has progressed thereafter and the petitioner has also not chosen to agitate the matter at the appropriate time. After a lapse of nearly 25 years, the petitioner has come forward with one more representation and he is now before this Court seeking direction to the respondents to consider his representation, which is made after a lapse of 25 years.

5. This Court, in the circumstances of the case, is of the view that the writ petition is hopelessly time barred and the same cannot be entertained.

Even otherwise, the scheme of compassionate appointment provides for immediate employment assistance and such assistance cannot be sought after a period of 25 years. In the said circumstances, this Court finds that the writ petition is hit by latches and the same is liable to be dismissed.

6. In the result, the writ petition is dismissed. No costs. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar(CS-III) To:

1. The Director General of Police, Director General Office, Chennai-4.

2. The Superintendent of Police, Theni District, Theni.

+ 1 CC TO Mr.A.ARUL JENIFER, ADVOCATE IN SR No. 77502 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 77449 KRK TE/RP/SAR-3 : 23/08/2018 : 2P/5C W.P.(MD) No.17568 of 2018 06.08.2018 https://hcservices.ecourts.gov.in/hcservices/