← Library
Madras High CourtWP(MD)/22617/2021dismissed

Abinaya .S v. The Managing Director

2022-03-07Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD) No.22617 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2022

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.22617 of 2021 S.Abinaya ... Petitioner -VsThe Managing Director, Tamilnadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli Region, Tirunelveli.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the proceedings of the respondent in 7691/eph; 10/jmnghf/jpyp/2021 dated 22.09.2021 and quash the same and direct the respondents to provide suitable appointment to the petitioner's daughter namely Amutha on compassionate ground and to pass appropriate orders within a period that may be stipulated by this Court.

For Petitioner : Mr.V.Kannan For Respondent : Mr.R.Rajamohan

O R D E R

The order of rejection, dated 22.09.2021, rejecting the claim of the writ petitioner for compassionate appointment, is under challenge in the present writ petition.

2. The father of the writ petitioner Late S.Suyambu was working as driver in Thoothukudi Branch of Tamil Nadu State Transport Corporation and died on 16.11.2001. The mother submitted an application initially and unfortunately, the mother of the writ petitioner also died on 31.07.2018. Thereafter, the petitioner submitted an application seeking appointment on compassionate ground and the said application was rejected by the respondents in proceedings dated 22.09.2021.

3. The deceased employee died in the year 2001. The mother died in the year 2018. The second application is made thereafter. Now, after a lapse of about 20 years the scheme of compassionate appointment cannot be provided, as penurious circumstances arose on account of the sudden death of an employee became vanished on https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.22617 of 2021 account of efflux of time. Thus, the scheme of compassionate appointment cannot be extended beyond its scope, which is impermissible. Thus, the writ petitioner has not established any acceptable legal ground for the purpose of considering the relief. Accordingly, the writ petition stands dismissed. No costs. Sd/- Assistant Registrar (AD I) // True Copy // / /2022 Sub Assistant Registrar(CS) MPK To The Managing Director, Tamilnadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli Region, Tirunelveli.

+1 CC to M/s.V.KANNAN, Advocate ( SR-10635[F] dated 08/03/2022 ) +1 CC to M/s.R.RAJAMOHAN, Advocate ( SR-10664[F] dated 08/03/2022 ) W.P.(MD) No.22617 of 2021 07.03.2022 MGJ(18.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2