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2015 DIGILAW 1513 (MAD)

A. Karthick v. Government of Tamil Nadu, Rep. by its Secretary to Government, Public Works Department, Chennai

2015-03-18

K.RAVICHANDRA BAABU

body2015
JUDGMENT:- 1. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 2. The petitioner is aggrieved against the order of the fourth respondent dated 14.07.2010, rejecting the application of the petitioner seeking for compassionate appointment, on the ground that such application was made belatedly after seven years from the date of the death of the petitioner's father. 3. It is seen that the petitioner's father was working as Irrigation Engineer under the fifth respondent and died on 04.09.2002 while he was in service. It is stated that the petitioner was a minor and he was 12 years at the time of the death of his father. It is also seen that there was a ban for the appointment between November 2001 to February 2006. It is further stated that the petitioner attained majority on 22.07.2008 and made an application seeking for compassionate appointment on 27.07.2009, which was returned for effecting certain compliance. Therefore, the petitioner's mother represented the application on 17.09.2009. The said application was rejected by the impugned order stating that the same has been filed after seven years from the date of death of the deceased employee. 4. A counter affidavit has been filed in support of the impugned order. 5. It is not in dispute that the petitioner was admittedly a minor at the time of the death of his father. Therefore, he made a representation on 27.07.2009, after attaining the majority. In my considered view, such application filed by the petitioner on attaining the majority, cannot be treated as belated application as the petitioner being a minor at the time of death of his father, cannot apply seeking for compassionate appointment within three years from the date of such death. Therefore, the petitioner made an application immediately after attaining the age of majority and such application ought to have been considered by the fourth respondent on merits instead of rejecting it on the reason that the same is belated one. 6. Accordingly, this Writ Petition is allowed and the impugned order is set aside and the matter is remitted back to the fourth respondent to consider the claim of the petitioner seeking for compassionate appointment and pass orders on the same on merits and in accordance with law if the petitioner is otherwise qualified to the post of Driver. 6. Accordingly, this Writ Petition is allowed and the impugned order is set aside and the matter is remitted back to the fourth respondent to consider the claim of the petitioner seeking for compassionate appointment and pass orders on the same on merits and in accordance with law if the petitioner is otherwise qualified to the post of Driver. Such exercise shall be done by the fourth respondent within a period of eight weeks thereafter. No costs.