LAWS(MAD)-2019-4-499

A.ARUN Vs. COMMISSIONER

Decided On April 09, 2019
A.Arun Appellant
V/S
COMMISSIONER Respondents

JUDGEMENT

(1.) The order of rejection dated 15.03.2016, rejecting the claim of the writ petitioner for appointment on compassionate ground is under challenge in the present writ petition. The mother of the writ petitioner Late.Smt.Premalatha was employed as Typist in the office of the 2nd respondent and died on 29.10.1990.

(2.) The learned counsel for the writ petitioner states that, at the time of the death of the father of the writ petitioner, he was a minor and was not in a position to submit application seeking appointment on compassionate grounds. The writ petitioner submitted an application only during the year 2006. Even the applications submitted during the year 2006, which is enclosed in Page No.4 of the typed set of papers, there is no acknowledgement produced. In the absence of any such proof establishing that the application in the prescribed format is submitted by the legal heirs of the deceased employee to the Competent Authority. The mere representation cannot be trusted upon.

(3.) Thus, even a representation submitted by the writ petitioner during the year 2006 cannot be relied upon. As per the impugned order, the writ petitioner submitted an application on 11.02.2016 and the said application was rejected by the respondent in proceeding dated 15.03.2016, stating that the compassionate appointment cannot be provided as during earlier occasion itself. The reason was stated that the writ petitioner has not filed an application within a period of 3 years from the date of the death of the deceased employee.