LAWS(MAD)-2018-2-220

KISHORE KUMAR Vs. COMMISSIONER COMMERCIAL TAX DEPARTMENT EZHILAHAM

Decided On February 15, 2018
KISHORE KUMAR Appellant
V/S
Commissioner Commercial Tax Department Ezhilaham Respondents

JUDGEMENT

(1.) The relief sought for in this writ petition is for a direction to direct the respondents to appoint the petitioner for a suitable post on compassionate grounds.

(2.) The father of the writ petitioner was employed as Assistant Commissioner Tax Officer and passed away on 14.04.2005 while he was in service. The learned counsel appearing on behalf of the writ petitioner states that the writ petitioner is the first wife's son of the deceased employee. The mother of the writ petitioner was also passed away. The second wife of the deceased employee Angammal is settled very well and her son is employed in the United States of America and earning sufficiently. However, the application seeking compassionate appointment was preferred by the writ petitioner in the year 2005 itself and the same was not considered by the respondents. The grievances of the writ petitioner is that inspite of the fact that he is eligible for appointment of compassionate appointment grounds, the case was not considered without any valid reason.

(3.) The learned special government pleader opposes the contention by stating that the writ petitioner, now after the lapse of many years cannot claim compassionate appointment and further the writ petitioner is now aged about 44 years and already over aged. This being the factum, the scheme of compassionate appointment cannot be provided to the writ petitioner.