The court cannot entertain disputed claims for compensation in a writ petition under Article 226. Compassionate appointment is not a matter of right.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to pay a sum of Rs. 15,00,000/- lakhs with interest as compensation, to the petitioner in respect of death of petitioner''s wife based on petitioner''s representation dated 05.06.2013 within the time limit that may be stipulated by this Court.)

1. The writ petition has been filed seeking for a direction to the respondents to pay a sum of Rs.15,00,000/- with interest as compensation to the petitioner in respect of the death of the petitioner''s wife, based on the petitioner''s representation dated 05.06.2013. 2/9

2. Heard Mr.S.Baskar Mathuram, learned counsel for the petitioner and Mrs.D.Farjana Ghoushia, learned Special Government Pleader for the respondents 1 to 7.

3. Mr.S.Baskar Mathuram, learned counsel for the petitioner would submit that the petitioner''s wife was engaged as a Cook at South Silukkanpatti Panchayat Union Primary School. On 01.05.2013 around 09.15 am., when the petitioner''s wife had gone to the school, the sun shade fell on the petitioner''s wife and she suffered grievous injuries and was admitted in the Government hospital, Thoothukudi, wherein she died on 05.05.2013 at 09.00 am. He would further submit that the 8th respondent, a Panel Contractor was carrying on construction activity in the 7th respondent premises and due to the improper construction made by the 8th respondent, the sun shade fell on the petitioner''s wife and that she died due to the injuries sustained by her.

4. He would further submit that the respondents are all liable to compensate the petitioner and therefore, he had made a representation to the respondents, which has not been considered till date. Hence, he had approached this Court by 3/9 https://www.mhc.tn.gov.in/judis W.P.(MD) No.616 of 2014 way of filing of this writ petition.

5. Countering his arguments, Mrs.D.Farjana Ghoushia, learned Special Government Pleader for the respondents 1 to 7 relying upon the counter affidavit filed by the fifth respondent would submit that the school was on holiday on 01.05.2013 and that there was no necessity for the petitioner''s wife to go to the school. She would also submit that the petitioner''s wife was covered under the Group Insurance Scheme and pursuant to the said scheme, the petitioner has been paid a sum of Rs.1,50,000/- on 18.12.2013 and therefore, he is not entitled for any other further compensation.

6. She would further submit that the building was under construction and that the petitioner''s wife while trying to enter into the toilet attached to the school had removed certain props put up by the contractor for easy access without noting the danger of removal of props. Only because the petitioner’s wife act of removing the props, the sun shade, which was under construction, had fell on her, for which the respondents could not be held to be liable. However, she would also submit that the fifth respondent on filing the counter affidavit had made an 4/9 averment that the legal heirs of the deceased can apply for compassionate appointment and the same would be considered within a period of three years from the date of death. This averment had not been taken que by the petitioner. No one had applied seeking for compassionate appointment. When that be so, at this length of time, the claim for compassionate appointment could not also be now considered, as such a claim would be time barred. Hence, she would submit that the generosity shown by the respondents have not been taken advantage by the petitioner or his family members even to seek compassionate appointment. Hence, she would pray to reject the writ petition.

7. I have heard the rival submissions made by the learned counsels appearing on either side.

8. It has been time and again held by the Hon''ble Apex Court that the claim for compensation cannot be entertained in a writ petition under Article 226 of the Constitution of India. Useful reference