P. Palanichamy v. Managing Director State Express Transport Corporation Ltd
2013-07-12
M.JAICHANDREN
body2013
DigiLaw.ai
ORDER This writ petition has been filed praying that this Court may be pleased to issue a writ of Certiorarified Mandamus to call for the records of the respondent, quash the same and consequently to direct the respondent to provide employment to the petitioner, on compassionate grounds. 2. It has been stated that the father of the petitioner, who had been employed as a Conductor in the respondent Corporation, had died in harness, on 21.10.1989, due to an accident and that the petitioner was four months old at the time of the death of his father. On completion of B.B.A Degree, the mother of the petitioner had submitted an application to the respondent corporation, on 23.03.2006, requesting the respondent-Corporation to appoint the petitioner on compassionate grounds. Thereafter, the petitioner had submitted an application to the respondent Corporation, on 08.10.2007. However, the respondent, by the impugned proceedings, dated 19.06.2009, had rejected the request made by the petitioner, for being appointed on compassionate grounds, stating that the application should have been made within three years from the date of the death of the employee concerned. 3. A counter affidavit has been filed by the respondent corporation stating that the father of the petitioner viz., K.Paneerselvam, who was a Conductor in the respondent-Corporation had died, on 21.10.1989. However, the mother of the petitioner had made an application for appointing the petitioner, on compassionate grounds, only on 23.03.2006, after nearly 17 years after the death of the employee concerned. Thereafter, the petitioner had made an application to the respondent, on 08.10.2007, for being appointed on compassionate grounds. The said application had been rejected by the respondent-Corporation based on G.O.Ms.No.120, Labour and Employment Department, dated 26.06.1995 and the subsequent letter issued by the Government, in Letter(Ms.)No.202, Labour and Employment Department dated 08.10.2007, wherein, it had been stated that the application for compassionate appointment should be made within three years from the date of the death of the employee concerned. Since the petitioner had made an application for appointment on compassionate grounds after nearly 17 years from the date of the death of his father, the same had been rejected. 4.
Since the petitioner had made an application for appointment on compassionate grounds after nearly 17 years from the date of the death of his father, the same had been rejected. 4. In view of the submissions made by the learned counsels appearing on behalf of the petitioner and the respondent, it is clear that the application ought to have been made, for appointment on compassionate grounds within three years from the date of the death of the employee concerned. However, in the present case, the application for appointment on compassionate grounds has been made after nearly 17 years from the date of the death of the employee concerned. Therefore, the respondent-Corporation has rightly rejected the request of the petitioner. Thus, it is clear that the impugned order passed by the respondent-Corporation is in accordance with the Government Order passed, in G.O.Ms.No.120, Labour and Employment Department, dated 26.06.1995 and the letter, in Letter(Ms).No.202, Labour and Employment Department, dated 08.10.2007. 5. In such circumstances, this Court is of the considered view that the petitioner has not shown sufficient cause or reason for this Court to interfere with the impugned order passed by the respondent-Corporation, dated 19.06.2009. Accordingly, the Writ Petition is dismissed. No costs.