Mathivanan.A v. The Chief Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 10/06/2024

CORAM

The Hon`ble Ms.Justice R.N.MANJULA Mathivanan.A ... Petitioner Vs

1. The Chief Educational Officer, Pudukkottai.

2. The District Educational Officer, Ellupur, Pudukkottai District..

3. The Block Educational Officer, Block Educational Office, Kundarndar Kovil, Eruppur, Keeranoor, Pudukkottai District..

... Respondents PRAYER :-Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order Na.Ka.No.10179/A1/2018 dated 23.08.2022 passed by the 1st respondent herein and quash the same and consequently direct the 1st respondent to consider the application of the petitioner dated 07.05.2006 and 04.10.2018 and grant compassionate appointment.

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For Petitioner : Mr.A.V. Arun, For Respondent : Mr.M.Senthil Ayyanar Government Advocate

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.

2. The petitioner's father, who was working as Headmaster in a Government school, died on 17.01.2004. The petitioner, who is the son of the deceased father, sent an application to the respondents on 07.05.2006 and the same was rejected vide impugned order dated 23.08.2022. The reason for rejection is that the original application, which was returned to him for complying certain remarks, was represented after 12 years.

3. The learned counsel for the petitioner submitted that in the interregnum, the petitioner's mother also met with an accident and hence, the petitioner could not able to pursue the application and hence, the delay has occurred.

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4. Since the order has not been passed on merits and it was passed only due to delay of the petitioner's situation and also the fact that the petitioner's case for compassionate appointment was recommended by other authorities, I feel that the respondents shall be directed to reconsider the matter afresh.

5. In view of the same, the writ petition is disposed of by directing the respondents to pass orders afresh, by considering the matter in a holistic manner, within a period of four weeks from the date of receipt of a copy of this order. No costs.

10.06.2024 RR 3/5

TO

1. The Chief Educational Officer, Pudukkottai.

2. The District Educational Officer, Ellupur, Pudukkottai District..

3. The Block Educational Officer, Block Educational Office, Kundarndar Kovil, Eruppur, Keeranoor, Pudukkottai District.

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R.N.MANJULA,J RR

ORDER

IN WP(MD) No.22711 of 2023 Date : 10/06/2024 5/5