M CHELLAPANDIAN Vs. SECRETARY,ENERGY DEPARTMENT

JUDGEMENT

(1.) The relief sought for in this writ petition is for a direction to direct the respondents to give suitable employment to the Petitioner on compassionate grounds.

(2.) The father of the writ petitioner late S.Muthiah was working as an Assessor in the office of the 2nd respondent and passed away on 02.01.1990 while he was in service. An application seeking appointment on compassionate grounds was preferred by the mother of the writ petitioner to the 4th respondent on 09.02.1992. Since the application was rejected by the 5th respondent in proceedings dated 10.07.2002, the mother of the writ petitioner filed W.P.No.2290/2004 and this Court passed an order on 08.03.2007, granting permission to the writ petitioner to withdraw the same. Accordingly, the writ petition was dismissed as withdrawn. However, the writ petitioner has subsequently pursued the matter by way of another representation to the 4th respondent on 15.03.2007 and the respondent issued an order on 19.4.2007, stating that the application of the writ petitioner submitted on 24.03.2007, cannot be considered in view of the rules in relation to the compassionate appointment. Though no reason has been given in the order dated 19.04.2007, the writ petitioner has not chosen to challenge the same and filed the present writ petition on 27th July 2010 with a prayer to direct the respondent to provide suitable employment.

(3.) At the outset, this Court has to consider the fact that the deceased employee passed away on 02.01.1990 and the 1st application was already rejected and even 2nd application dated 24.03.2007 was rejected on 19.04.2007 and the order of rejection has not been challenged by the writ petitioner. Further, this Court is of the opinion that now after a lapse of twenty seven years from the date of death of the deceased employee, the question of extending the scheme of compassionate appointment in favour of the writ petitioner does not arise at all.