Murugan.S v. The Secretary To The Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 26/06/2024
CORAM
The Hon`ble Ms.Justice R.N.MANJULA Murugan.S ... Petitioner Vs
1. The Secretary to the Government, Department of Municipal Administration and Water Supply, Fort St. George, Chennai - 600 009..
2. The Director of Municipal Administration, Chepauk, Chennai - 600 005..
3. The Commissioner of Corporation Dindigul City Municipal Corporation, Dindigul..
... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, and call for the entire records in connected with the impugned order passed by the 3rd respondent in Na.Ka.No.5615/2021/H2 dated 29.12.2021 and quash the same and direct the 3rd respondent to provide suitable job to the petitioner under compassionate ground on the death of his father on 15.06.2012 as per the petitioners application dated 30.01.2015. 1/5
For Petitioner : M/s Kannan.K.K, For Respondent : Mr.M.Lingadurai for R1 & R2 Special Government Pleader Mr.J.Lawrance for R3
ORDER
The petitioner has filed this writ petition challenging the impugned order passed by the 3rd respondent dated 29.12.2021 and to direct the 3rd respondent to provide suitable job to the petitioner under compassionate ground on the death of his father on 15.06.2012 as per the petitioner's application dated 30.01.2015.
2. Heard the learned counsel for the petitioner, learned Special Government Pleader for the respondents 1 and 2 and the learned counsel for the third respondent.
3. The petitioner's father, namely, Subramani, who was working in the respondent department died on 15.06.2012. For compassionate appointment, the petitioner has made an application on 30.01.2015, which is within three years from the date of death of his father. However, 2/5
the respondents rejected the same stating that one of the legal heir, ie., the petitioner's mother was working as sanitary worker at the time of death of his father.
4. The learned counsel for the petitioner submitted that the petitioner's mother was working as a sanitary worker till 30.10.2015. As she has retired shortly, there is financial crunch in the family and that is why the petitioner has filed an application seeking compassionate appointment.
5. However, the learned counsel for the respondent submitted that earlier on 02.11.2017 itself, an order has been passed rejecting the application of the petitioner for the same reasons. The petitioner did not choose to challenge the said order and he had once again sent a representation in the year 2021, on which, the present impugned order has been passed. The original communication of the year 2018 was between the Commissioner and the Principal Secretary pertaining to the list of candidates for compassionate appointment. Among 12 names in the list, the petitioner's name did not find place. 3/5
6. The fact remains that the petitioner's earlier application has been rejected in the year 2017 itself and at the relevant point of time, the petitioner's mother was working as a sanitary worker. Therefore, I do not find any reason for interference. Accordingly, the writ petition is dismissed. No costs.
26.06.2024 RR TO
1. The Secretary to the Government, Department of Municipal Administration and Water Supply, Fort St. George, Chennai - 600 009..
2. The Director of Municipal Administration, Chepauk, Chennai - 600 005..
3. The Commissioner of Corporation Dindigul City Municipal Corporation, Dindigul..
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R.N.MANJULA,J RR
ORDER
IN WP(MD) No.14717 of 2022 Date : 26/06/2024 5/5