Dhasan v. The District Collector

W.P.(MD) No.16147 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.16147 of 2020 and W.M.P.(MD) No.13523 of 2020 Dhasan ... Petitioner -vs1.The District Collector, Sivagangai District, Sivagangai.

2.Block Development Officer, Ilayangudi Panchayat Union, Ilayangudi Taluk, Sivagangai District.

3.Mrs.Rosali ... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records relating to the impugned proceedings made in Na.Ka.No.R4/8592/2020 dated 18.05.2020 on the file of the 1st respondent and quash the same and directing the 1st respondent to appoint the petitioner in the 2nd respondent's Department on compassionate grounds, based on his qualification. For Petitioner :

V.Kannan For RR1 & 2 :

Mr.D.S.Nedunchezhian, Government Advocate For R3 :

Mr.T.Lajapathi Roy ******

O R D E R

The order of appointment of the 3rd respondent made on compassionate grounds in proceedings dated 18.05.2020 is under challenge in the present writ petition.

2.The petitioner states that his mother Smt.Amalorpavam, who was working as an Assistant Cook in the Nutrition Meal Program Catering at St. Marie Anne Middle School, Saligramam, died while in service. His sister/the 3rd respondent filed an application seeking appointment on compassionate grounds and the authorities considered https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.16147 of 2020 her application and issued an order of appointment, which is impugned in this writ petition.

3.The order impugned states that as per the scheme of appointment and considering the factors, the 3rd respondent was appointed on compassionate grounds. This apart, the petitioner has now crossed the age of 40 years and therefore, he is not eligible for appointment. In these circumstances, this Court do not find any infirmity in respect of the order of appointment granted in favour of the 3rd respondent. Thus, the writ petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (C.S.III) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Block Development Officer, Ilayangudi Panchayat Union, Ilayangudi Taluk, Sivagangai District.

+1 cc to M/s.T.LAJAPATHI ROY, SR.No.8919 +1CC to Special Government Pleader SR.No.8932 W.P.(MD) No.16147 of 2020 25.02.2022 SA (08.03.2022) 2P 5c https://hcservices.ecourts.gov.in/hcservices/ 2/2