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J. SATHYA NARAYANA PRASAD
G. Mohanraj – Appellant
Versus
Commissioner, Aadi Dravidar Welfare Department, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Section 226 of the Constitution of India, praying for the issuance of writ of certiorarified mandamus calling for the records relating to the respondent's proceedings Na.No.E5/7374/2011 dated 08.04.2011, to quash the same and consequently direct the respondent to consider the claim of the petitioner for appointment to compassionate ground.)
1. The relief sought by the petitioner in this writ petition is to quash the respondent's proceedings in Na.No.E5/7374/2011 dated 08.04.2011 and direct the respondent to consider the claim of the petitioner for appointment on compassionate ground.
2. The case of the petitioner is that his father Govind araj died in harness on 29.05.1991 as a Post-graduate teacher, at Government Nandana (Boys) Higher Secondary School, Cuddalore. At the time of the death the petitioner was studying 8th standard. The terminal benefits of the petitioner's father was not settled due to a dispute between petitioner's mother Mrs.G.Kasturi and Mrs.Anantha Nayaki, who had staked her claim for the benefits on the ground that she was married to the father of the petitioner as second wife. After a prolonged dispute a quietus came to
The application for compassionate appointment should be made within the specified time frame as per government orders.
The main legal point established in the judgment is that compassionate appointment claims should not be denied solely on the grounds of delay, especially when the family of the deceased government se....
Compassionate appointment is a concession and should be restricted to genuine cases of penurious circumstances. Efflux of time can be a ground for rejecting the claim.
The delay in submitting an application for compassionate appointment can render the appointment impermissible under the law.
The court emphasized that applications for compassionate appointment should consider the applicant's age and circumstances, particularly when the applicant was a minor at the time of the parent's dea....
Compassionate employment cannot be granted after a lapse of a reasonable period specified in the rules, as it is meant to provide succor to the dependent of the deceased-employee during the financial....
Compassionate appointment cannot be granted as a matter of right when the application is not pursued within a reasonable time, and the policy of the Government stipulates that the application should ....
The main legal point established in the judgment is that the submission of an application for compassionate appointment within the prescribed time limit, as per the Government Resolution, is crucial ....
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