LAWS(MAD)-2019-8-241

J.SEENIVASAGAM Vs. STATE OF TAMIL NADU

Decided On August 21, 2019
J.Seenivasagam Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) The order of rejection dated 28.03.2014 rejecting the claim of the writ petitioner for providing appointment on compassionate ground is under challenge in the present writ petition.

(2.) The father of the writ petitioner Shri.Jayaprakash Narayanan was employed as Headmaster and died on 1.5.2002 while he was in service. Though the writ petitioner states that an application was submitted in the year 2003, no such proof is submitted nor the copy of the application is enclosed in the typed set of papers filed along with the writ petition. As per the respondent, the application seeking appointment was submitted on 23.08.2006 after a lapse of three years from the date of death of the deceased employee. Thus, the competent authorities rejected the application with reference to the terms and conditions of the scheme of compassionate appointment. Challenging the said order of rejection, dated 28.03.2014, the present writ petition is filed.

(3.) The fact remains that the deceased employee passed away on 1.5.2002 and the application seeking appointment was filed on 23.08.2006 and the order of rejection was issued on 28.03.2014 and now after a lapse of 17 years from the date of death of the deceased employee, the scheme of compassionate appointment cannot be extended in favour of the writ petitioner. Though the writ petitioner claims that he submitted an application during the year 2003 till the passing of the impugned order in the year 2014, the petitioner has not pursued the remedy vigilantly. Thus, there is a consistant delay on the part of the writ petitioner even in pursuing the remedy.