LAWS(MAD)-2018-1-140

M VELMURUGAN Vs. CHIEF ENGINEER

Decided On January 04, 2018
M VELMURUGAN Appellant
V/S
CHIEF ENGINEER Respondents

JUDGEMENT

(1.) The order of rejection dated 18.11.2008 issued by the second respondent, rejecting the claim of the writ petitioner seeking compassionate appointment is under challenge in this writ petition.

(2.) The father of the writ petitioner Late.S.Malairaj was employed as Road Inspector in the Office of the third respondent and passed away on 19.09.1995, while he was in service. At the time of the death of the deceased employee, the writ petitioner was a minor. Thus, the mother of the writ petitioner submitted an application seeking compassionate appointment on 001.1998, that itself was after a lapse of about 2+ years. The said application submitted by the mother of the writ petitioner had not been considered by the authorities within the reasonable period of time. The said petition was kept pending without passing any orders. In these circumstances, the writ petitioner, on attaining the age of majority, submitted an application seeking appointment on compassionate ground on 27.06.2005. The said application was decided and the impugned order was passed in proceedings dated 18.11.2008, stating that the writ petitioner had not submitted an application within the period of three years from the date of death of the deceased employee.

(3.) The learned counsel for the petitioner states that at the time of death of the deceased employee, the writ petitioner was a minor and could not in a position to submit any application. However, the mother of the writ petitioner had submitted an application seeking appointment. The delay occurred at the instance of the respondents and therefore, the writ petitioner cannot be blamed.