M. Abitha v. The Director

W.P.(MD) No.17548 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.17548 of 2019 Abitha ... Petitioner -vs1.The Director, Employment Exchange and Training Centre, Guindy, Chennai.

2.The Principal, Government Industrial Training Institute, Theni.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to provide suitable employment opportunity to the petitioner on compassionate ground on the basis of the representation given by the petitioner dated 28.05.2019 in accordance with law within the time stipulated by this Court.

For Petitioner :

Mr.L.Praveen Kumar For Respondent :

Mr.D.Sadiq Raja Additional Government Pleader

O R D E R

The relief sought for in the present writ petition is to direct the respondents to provide suitable employment opportunity to the petitioner on compassionate ground on the basis of the representation given by the petitioner dated 28.05.2019 in accordance with law within the time stipulated by this Court.

2. The father of the writ petitioner namely Murugan was working as Assistant Training Officer in the Government Industrial Training Institute and he died on 24.05.2009. During the relevant point of time, the petitioner was minor. Thus, the grandmother of the petitioner submitted an application on 28.06.2013 seeking compassionate appointment. The said application was submitted beyond the period of three years. The petitioner states that on attaining the age of majority, he submitted a representation. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.17548 of 2019

3. The learned Additional Government Pleader brought to the notice of this Court that the belated application submitted by the grandmother of the writ petitioner was rejected by the first respondent on the ground that the legal heirs of the deceased employee was minor and the application was submitted beyond the period of three years from the date of death of the deceased employee. The petitioner has not challenged the said order. Contrarily, the present writ petition is filed after a lapse of four years from the date of passing the rejection order.

4. In view of the fact that the petitioner has not challenged the rejection order and he has filed the present writ petition after a lapse of ten years from the date of death of the deceased employee, the writ petition deserves no merit consideration. Further, the application itself was submitted beyond the period of three years from the date of death of the deceased employee and it was rejected in accordance with the terms and conditions of the scheme of compassionate appointment. Thus, the petitioner is not entitled for any relief.

5. Accordingly, the Writ Petition stands dismissed. However, there shall be no order as to costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The Director, Employment Exchange and Training Centre, Guindy, Chennai.

2.The Principal, Government Industrial Training Institute, Theni.

+1 CC to M/s.SPL.GP. ( SR-20729[F] dated 22/04/2022 ) ORDER MADE IN W.P.(MD) No.17548 of 2019 21.04.2022 PKP/06.05.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2