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2018 Supreme(Mad) 2952

S.M.SUBRAMANIAM
S. MURUGAN – Appellant
Versus
COMMISSIONER – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A.R. Nixon, Adv., A.S. Thambuswamy, Adv.

JUDGMENT

S.M. Subramaniam, J.

The order of rejection passed by the respondent in proceedings dated 30.1.2018 in respect of the claim of the writ petitioner for compassionate appointment, is under challenge in this writ petition.

2. The father of the writ petitioner was employed as Sweeper in the respondent's Department and passed away on 17.5.2009, while he was in service. At the time of death of the deceased employee, the writ petitioner was a minor and was unfit for compassionate appointment to submit an application, seeking appointment on compassionate grounds. On attaining the age of majority, the writ petitioner submitted an application to the respondent on 5.10.2017, seeking appointment on compassionate grounds.

3. The said application was rejected by the respondent in proceedings dated 30.1.2018, stating that the application submitted was beyond the period of 3 years from the date of death of the deceased employee/father of the writ petitioner, cannot be entertained. Thus, the writ petitioner is constrained to move the present writ petition.

4. This Court is of an opinion that the Scheme of compassionate appointment is a concession and a Special Scheme. Thus, the same is to be im





































































































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