S.Ashok Kumar v. The District Collector

ORDER The present writ petition has been filed seeking direction to the respondents to consider the petitioner's representations, dated 16.04.2018 and

25.11.2019 seeking for an appointment on compassionate ground to any of the post commensurate with the petitioner's qualification.

¶2Heard the learned Counsel for the petitioner, the learned Special Government Pleader for the respondents 1 and 2 and the learned Counsel for the third respondent and carefully perused the materials available on record.

¶3The petitioner's father Mr.Senthil Kumar was working as Panchayat Assistant in the office of the fourth respondent Panchayat. He was initially appointed as Village Accountant on 14.11.1980, which was later re-designated as Panchayat Assistant on 01.01.1991. While in service, he died on 12.11.1997 un-expectedly. He was survived by his mother and the petitioner. The petitioner was a minor at the time of his father's death. On attaining the age of majority on

16.09.2018, the petitioner made an application seeking appointment on compassionate ground. However, the same was not considered and hence, this writ petitioner made another application on 25.11.2019. The non consideration of the said representation resulted in the filing of this writ petition.

¶4The learned Counsel for the petitioner submitted that only because he was a minor at the time of death of his father, he was not able to make an application seeking compassionate appointment immediately within a period of three years time and promptly on attaining the age of majority, the petitioner made an application on 16.09.2018 and hence, he is entitled for appointment on compassionate ground and the writ petition may be allowed.

¶5Per contra, the learned Special Government Pleader for the respondents 1 and 2 submitted that the petitioner's representation was considered and an order was passed on 02.12.2020 rejecting the petitioner's representation on the ground that the application was not made within three years from the date of death of the employee and that he was minor at that point of time.

¶6In view of the order, dated 02.12.2020, which is brought to my attention by the learned Special Government Pleader, this Court is inclined to dismiss this writ petition with giving liberty to the petitioner to challenge the order passed by the first respondent on 02.12.2020.

¶7With the above said observation, this writ petition stands disposed of. There shall be no order as to costs.

19.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To

1.The District Collector,

2.The Personal Assistant to District Collector (Development), Office of the Collector Office Campus,

3.The Block Development Officer (Village Panchayat), Office of the Block Development Officer, R.S.Mangalam Panchayat Union, Ramanathapuram District.

4.The President, Ananthur Village Panchayat, Ananthur Post, R.S.Mangalam Panchayat Union, Ramanathapuram District.

L.VICTORIA GOWRI, J.

BTR

19.07.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2023 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.Ashok Kumar ... Petitioner Vs. 1.The District Collector, 2.The Personal Assistant to District Collector (Development), Office of the Collector Office Campus, 3.The Block Development Officer (Village Panchayat), Office of the Block Development Officer, R.S.Mangalam Panchayat Union, Ramanathapuram District. 4.The President, Ananthur Village Panchayat, Ananthur Post, R.S.Mangalam Panchayat Union, Ramanathapuram District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation, dated 16.04.2018 and 25.11.2019 seeking for an appointment on compassionate ground to any of the post commensurate with the petitioner's qualification. For Petitioner : Mr.Mohammed Suhail For R-1 & R-2 : Mr.N.Muthuvijayan Special Government Pleader For R-3 : Mr.A.Karthik For R-4 : No appearance