K.GOPINATH Vs. SECRETARY MUNICIPAL ADMINISTRATION

JUDGEMENT

(1.) The order of rejection issued by the second respondent dated 27.3.2018, rejecting the claim of the writ petitioner for compassionate appointment, is under challenge in the present writ petition.

(2.) The reason stated in the order impugned dated 27.3.2018 is that the writ petitioner was a minor at the time of the date of death of the deceased employee. While the writ petitioner was a minor, he made an application on 2.11.2012, which was rejected by the third respondent on the ground that no appointment can be given to the writ petitioner as he was a minor at that point of time. On attaining the age of majority, the writ petitioner submitted the application, seeking compassionate appointment during the year 2014 and the said application was rejected on the ground that the application was submitted after the lapse of three years from the date of death of the deceased employee.

(3.) The learned counsel for the writ petitioner states that the application was submitted by the writ petitioner within the period of limitation, i.e., to say within three years on 2.11.2012 and therefore, the period of limitation is to be reckoned from the date i.e., 2.11.2012, which was the first application submitted by the writ petitioner. The subsequent application was submitted by the writ petitioner during the year 2014 is to be construed as a reminder or the continuing application submitted originally on 2.11.2012. Contrarily, the respondents had rejected the application on the ground that the application itself had been submitted after the lapse of three years from the date of death of the deceased employee.