W.A.(MD)No.769 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 27.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR

and

THE HONOURABLE MRS.JUSTICE S.SRIMATHY

W.A(MD)No.769 of 2022

K.Nambirajan

... Appellant

Vs.

1.The Divisional Engineer,

Highways,

(Construction and Maintenance),

Thoothukudi.

2.The Assistant Divisional Engineer,

Highways,

(Construction and Maintenance),

Thiruchendur,

Thoothukudi District.

... Respondents

Prayer

: Writ Appeal filed under Clause 15 of the Letter Patent

against the order of this Court in W.P.(MD)No.11826 of 2021, dated

03.03.2022.

For Appellant

:Mr.R.Balakrishnan

For Respondents :Mr.S.P.Maharajan

Special Government Pleader

***

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W.A.(MD)No.769 of 2022

JUDGMENT

(Judgment of the Court was delivered by S.SRIMATHY, J.)

This Writ Appeal is filed challenging the order passed in

Writ Petition W.P.(MD)No.11826 of 2021, dated 03.03.2022.

2. The prayer in the writ petition W.P.(MD)No.11826 of

2021 is for issuance of a Writ of Certiorarified Mandamus, to

call for the records pertaining to the impugned order passed

by the second respondent in Kurippanai No.165/2017/A1,

dated 18.11.2020 and to quash the same and further, to direct

the respondents to give employment to the petitioner on

compassionate grounds considering the pathetic situation of

the petitioner's family due to the death of petitioner's father

Kandasamy on 07.04.2015.

3. The brief facts as stated in the affidavit of the writ

petition are that the petitioner's father namely Kandasamy

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W.A.(MD)No.769 of 2022

who was serving as Road Worker, died on 07.04.2015. The

petitioner's father was the only breadwinner of the family. The

petitioner's mother submitted an application seeking

compassionate appointment within 3 years from the date of

death of the deceased employee. The petitioner contended

that the second respondent mechanically returned the

application. The petitioner is having one younger sister,

namely Gowri Lakshmi and she is doing her B.Sc., Chemistry.

The petitioner has completed Higher Secondary Education in

the year 2018 and he is in search of job. The petitioner's

mother submitted an application on 22.03.2017. The second

respondent, vide communication, dated 03.05.2017, directed

the petitioner's mother to submit the documents for further

processing. At the time of the death of the petitioner's father,

the petitioner was minor and he attained majority on

01.01.2019. After collecting the relevant documents the

petitioner had submitted an application seeking employment

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W.A.(MD)No.769 of 2022

on 23.01.2019. The delay in submitting the application is due

to delay in getting documents from the appropriate

authorities. After receiving all the documents, the second

respondent on 18.11.2020, passed the impugned order

returning the application stating that the application has been

submitted belatedly after the period of 3 years. Aggrieved over

the said impugned order the writ petition was filed.

4.The learned Single Judge has held that the mother of

the petitioner had crossed the age limit and the petitioner has

submitted an application belatedly and had dismissed the writ

petition and the relevant portion of the order is extracted

hereunder:

“4. This Court is of the considered opinion that the

mother of the writ petitioner crossed the age limit. Therefore,

based on the application dated 22.03.2017, the respondents

cannot provide appointment to the writ petitioner. There is no

procedure for conversion of application under the scheme of

compassionate appointment. Every application submitted by

the legal heir is to be considered and there is no provision to

entertain another application from another legal heir or for

conversion of application