Madras High CourtWP(MD)/16443/2014dismissed

M.Pitchai v. The Commissioner

2020-12-04Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD).No.16443 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD).No.16443 of 2014 and M.P(MD).No.1 of 2014 M.Pitchiah ... Petitioner -Vs1.The Commissioner, Rural Development and Panchayat Board, Panagal Building, Saidapet, Chennai 15.

2.The District Collector, Thoothukudi, Thoothukudi District.

3.The Block Development Officer, Karungulam Panchayat Union, Seithunganallur, Tuticorin District. ... Respondents Prayer: Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the second respondent in his proceedings Na.Ka.No.V6/4919/2013 dated 03.09.2014 and consequently directing the second respondent to appoint the petitioner to the post of Junior Assistant or any suitable post under compassionate ground within the stipulated time fixed by this Court.

For Petitioner : Mr.K.Prabhu For Respondents : Mr.P.Mahendran Additional Government Pleader

ORDER

The order impugned dated 03.09.2014 states that the services of the deceased employee was not regularised and therefore, the application seeking compassionate appointment cannot be considered. Beyond all these reasons stated in the impugned order, the fact remains that even at the time of filing of the writ petition, the petitioner aged about 51 years and now he would be around 57 years. The Government issued comprehensive guidelines for appointment on compassionate ground in G.O.Ms.No.18, Labour and Employment Department dated 23.01.2020. As per the Government Scheme, the maximum age limit for son or daughter of the deceased Government Servant is 40 years at the time of apply. In view of the fact that the petitioner is over-age and now he completed 56 years of age, his https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.16443 of 2014 case deserves no merit for consideration and accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) rmk To 1.The Commissioner, Rural Development and Panchayat Board, Panagal Building, Saidapet, Chennai 15.

2.The District Collector, Thoothukudi, Thoothukudi District.

3.The Block Development Officer, Karungulam Panchayat Union, Seithunganallur, Tuticorin District.

+1 CC to M/s.K.PARBHU, Advocate ( SR-24156[F] dated 07/12/2020 ) +1 CC to M/s.SPL GP ( SR-24383[F] dated 08/12/2020 ) W.P.(MD).No.16443 of 2014 04.12.2020 MJ(CO) KB(22.12.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2