LAWS(MAD)-2018-1-585

B PANDIAN Vs. COMMISSIONER FOR AGRICULTURE

Decided On January 03, 2018
B Pandian Appellant
V/S
COMMISSIONER FOR AGRICULTURE Respondents

JUDGEMENT

(1.) The order of rejection dated 14.09.2012, issued by the second respondent in respect of the claim of the writ petitioner for compassionate appointment is under challenge in this writ petition.

(2.) The learned Counsel appearing on behalf the writ petitioner states that the father of the writ petitioner was employed in the Agriculture Department for about 12 years and suddenly passed away on 07.04.1989, while he was in service. At the time of the demise of the deceased employee, the writ petitioner was a minor and was aged about 10 years and his younger brother was aged about 5 years. The family on account of the sudden demise of the deceased employee was in penurious circumstances. Accordingly, the writ petitioner had submitted an application seeking appointment on compassionate ground on 31.08.1997. Considering the application, the respondents passed an order in proceedings dated 14.09.2012 stating that the application was submitted belatedly after a lapse of about three years from the date of death of the deceased employee. Thus, the scheme of the compassionate appointment cannot be provided to the writ petitioner.

(3.) The learned Special Government Pleader, appearing on behalf of the respondents, in support of the impugned order contended that the very application seeking compassionate appointment was preferred after a lapse of about 8 years from the date of the death of the deceased employee and therefore, the application itself was not maintainable and accordingly the order impugned in this writ petition is in consonance with the terms and conditions of the scheme of the appointment.