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Madras High CourtWP(MD)/21020/2017dismissed

M.P.Raja Suresh, v. The Director Of Elementary

2018-01-24Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.21020 of 2017 M.P.Raja Suresh

...Petitioner

Vs.

1.The Director of Elementary School Education, Chennai-6.

2.The District Educational Officer, Sethuramapillai Colony, Tiruchirapalli District.

3.The District Elementary Educational Officer, Sethuramapillai Colony, Tiruchirappalli District. 4.The Assistant Elementary Educational Officer, Paramasivapuram, Lalgudi, Lalgudi Taluk, Tiruchirapalli District.

... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the entire records pertaining to the impugned order passed by the second respondent vide proceedings No.Moo.Mu.No.1541/A1/2016 dated 31.05.2017 to quash the same with the consequential direction to appoint the petitioner as according to his qualification in the respondents office under compassionate appointment in the place of his father Late.N.Ponnumuthaiyan vide his representations dated 27.12.2001 and 09.01.2014 and dispose of the same within time frame as fixed by this Court.

For Petitioner : Mr.D.Saravanan For Respondents : Mrs.S.Srimathy for R1 & R2 Special Government Pleader

ORDER

Heard the learned counsel on either side.

2.The petitioner's father passed away on 05.08.2001. He was working as a Teacher in the Panchayat Union Middle School. An application for appointment of compassionate grounds was submitted in time. But the authorities did not process the matter and issue https://hcservices.ecourts.gov.in/hcservices/

was pending for a long number of years. Only by the impugned order dated 31.05.2017, the petitioner's request was rejected. The same is assailed in this Writ Petition.

3.The learned counsel for the petitioner submits that the reason assigned in the impugned order is not sufficient to decline his request.

4.This Court is unable to agree. The petitioner's father died in the year 2001 and the petitioner got married in the year 2003. The petitioner's wife is working in a Government Aided School as a Teacher. Therefore, the petitioner cannot be said to be in financial distress.

The purpose of granting compassionate appointment is to help the family in distress and to relieve them from sorrows. The question of granting compassionate appointment will not arise in this case at all. There is no merit in the Writ Petition.

5.The Writ Petition stands dismissed. No costs. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To 1.The Director of Elementary School Education, Chennai-6. 2.The District Educational Officer, Sethuramapillai Colony, Tiruchirapalli District.

3.The District Elementary Educational Officer, Sethuramapillai Colony, Tiruchirappalli District. 4.The Assistant Elementary Educational Officer, Paramasivapuram, Lalgudi, Lalgudi Taluk, Tiruchirapalli District.

+1CC to Mr.D.Sivaraman, Advocate, SR.No. 44083 +1CC to the Special Government Pleader SR.No.44615 Order made in W.P.(MD).No.21020 of 2017 24.01.2018 tsg AM/SV MMS/SAR 1/23.03.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/