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2024 Supreme(Ker) 320

EASWARAN S.
B. Anandan, S/o. R. Balachandran Pillai (Late) – Appellant
Versus
Union of India, Represented by the General Manager, Southern Railway, Chennai – Respondent


Advocates Appeared:
For the Petitioner: Sri. T.C. Govinda Swamy, Sri. M. alfred lionel winston, Smt. Kala T. Gopi.
For the Respondent: Shri. T.V. Vinu, CGC, Sri. S. Chandrasenan, SC, Railways.

    Is delay in approaching the High Court under Article 226 of the Constitution of India fatal for successfully pursuing the claim for a compassionate appointment? The answer to the above question lies in intrinsically analyzing the scheme of compassionate appointment qua the claim of the petitioner.

2. The petitioner is the son of one Sri. R. Balachandran Pillai, who was a Constable in Railway Protection Force (RPF). He died on 25.05.2006. An application for compassionate appointment was given by his wife nominating their daughter. The said request was considered and on 11.06.2008, the daughter Kum. Krishna Balachandran Pillai was offered compassionate appointment and she was asked to appear for suitability test. It appears that the daughter of late R. Balachandran Pillai and Valsala did not accept the said offer. Later Smt. Valsala on 10.02.2012, by Ext.P12 requested the authorities to cancel her earlier request and to grant compassionate appointment to the petitioner, who is her son. Later, this was reiterated on 08.01.2014. Considering the said request by Ext.P1 order, the authorities have declined the request and taken a stand that the petitioner cannot be considered for compassio

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