S.Manivasagan v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2024

CORAM:

THE HON'BLE MR JUSTICE R.VIJAYAKUMAR and WMP(MD).No.23488 of 2024 S.Manivasagan .... Petitioner Vs.

1.The Managing Director Tamil Nadu Co-operative Marketing Federation (TANFED) No.91, St.Mary's Church Road Chennai 600 018 2.The Zonal Manager TANFED By Pass Road Madurai 625 016 .....Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.695/2014/Pa.Tho3, dated 03.02.2021 on the file of the Respondent No.1 and quash the same as illegal and consequently to direct the respondents to provide compassionate ground appointment to the petitioner within the time stipulated by this Court. 1/4

For Petitioner : Mr.S.Louis

ORDER

The instant writ petition has been filed challenging an order dated 03.02.2021 wherein the request of the writ petitioner for grant of compassionate appointment has been rejected.

2.A perusal of the typed set of papers reveals that the petitioner's father who was working in Tamil Nadu Co-operative Marketing Federation (TANFED) had passed away on 10.11.2002. The petitioner herein had sought for compassionate appointment which was rejected by the Special Officer of the said Federation. Challenging the same, the petitioner had filed WP(MD).No.14767 of 2014 before this Court. The writ petition was dismissed on the ground of delay. 3.The petitioner had challenged the order of the writ Court in WA(MD).No.982 of 2019. The Hon'ble Division Bench had dismissed the appeal on 01.10.2019 with the finding that the application having been filed after 11 years, is not maintainable. However, liberty was granted to the petitioner to approach the authorities by way of a representation for consideration of his case. Taking advantage of the said liberty, the petitioner has given a representation to 2/4

the respondent and the same has been rejected under the impugned order dated 03.02.2021. The said order is under challenge in the present writ petition. 4.According to the learned counsel for the writ petitioner, the request of the petitioner ought to have been considered for compassionate appointment, in view of the fact that he is the breadwinner of the family. However, this Court is not inclined to accept the said contention, in view of the fact that similar submission made by the petitioner has been rejected by the Hon'ble Division Bench. That apart, the present impugned order has been passed in February 2021 and the writ petition has been filed after a period of 3 1⁄2 years. 5.Considering the fact that the petitioner's father had passed away in the year 2002, this Court is not inclined to entertain the writ petition seeking compassionate appointment after a period of 22 years. There are no merits in the writ petition and the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

20.11.2024 Index : Yes/No Internet : Yes/No NCC:

: Yes/No msa 3/4

R.VIJAYAKUMAR, J.

msa and WMP(MD).No.23488 of 2024 20.11.2024 4/4