Aartharshi A v. The Home Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.06.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.11186 of 2023 A.Aartharshi ... Petitioner Vs.

1. The Home Secretary, Government of Tamilnadu, Secretariat, Fort St. George, Chennai - 600 002.

2. The Superintendent of Police, District Police Head Quarters, Palayamkottai, Tirunelveli District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records of the impugned order of the 2nd respondent's proceedings in Letter No.A5/08978/2021 dated 05.04.2021 by rejecting the Compassionate Ground appointment and quash the same and consequently direct the 2nd respondent to appoint the petitioner in any post under compassionate ground appointment under the 2nd respondent's jurisdiction.

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For Petitioner : Mr.S.Alagarsamy For Respondents : Mr.M.Ramesh Government Advocate

ORDER

The present writ petition has been filed challenging the impugned order dated 05.04.2021 of the 2nd respondent and consequently direct the 2nd respondent to appoint the petitioner in any post under compassionate ground appointment under the 2nd respondent's jurisdiction

2. Heard Mr.S.Alagarsamy, learned counsel for the petitioner and Mr.M.Ramesh, learned Government Advocate appearing for the respondents.

3. The petitioner has filed this writ petition seeking compassionate appointment in view of the death of his mother on 02.06.2021. In the impugned order, it is stated that the petitioner's father was working in the Police Department and hence, the petitioner is not covered under the scheme.

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4. The petitioner is said to be 9 months old child at the time, when her mother died and she was not maintained by her father. Stating the same, the petitioner has filed an application after 19 years i.e., on 02.03.2021.

5. Even though the learned counsel for the petitioner submitted that the petitioner's father was away from the family, there is no record to substantiate the same and further, the petitioner had filed this application after 19 years from the date of death of her mother which is an inordinate delay and hence, I do not find any reason for interference.

6. Hence, the Writ Petition is dismissed. No costs. 12.06.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 3/5

To

1. The Home Secretary, Government of Tamilnadu, Secretariat, Fort St. George, Chennai - 600 002.

2. The Superintendent of Police, District Police Head Quarters, Palayamkottai, Tirunelveli District.

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R.N.MANJULA , J.

RM Order made in W.P.(MD)No.11186 of 2023 Dated:

12.06.2024 5/5