One Can Be Compensated To Run A Family For Years For The Misery Faced – In The High Court Of Judicature At Madras

The appellant filed a Writ Petition on compassionate grounds because of his misery of losing his father at two. This writ was to issue a Writ of Certiorarified Mandamus with calling for the respondent’s records dated 20.02.2009, quash the same, and direct the respondent to appoint the petitioner to any of the posts Public Works Department incommensurate with the petitioner’s educational qualification. M.DURAISWAMY. J pronounced this Judgment on 21.01.2022 in P.VASANTHAKUMAR V. THE PRINCIPAL CHIEF ENGINEER.

The appellant’s father worked for the Department of Public Works and died on 13.10.1990, leaving his wife, the appellant, and another son behind. The appellant was two and a half years old when his father’s death, Panneer Selvam. Following Panneer Selvam’s death, his widow, Thangamani Paneer Selvam, applied for a Compassionate Appointment on January 4, 1993. On May 2, 2007, the appellant filed a Compassionate Appointment application.

The Learned Judge is not referring to any findings concerning the application made by the appellant’s mother because the petitioner’s mother has not filed any Writ Petition seeking any direction with relation to her application dated 04.01.1993.

As he was only 2 1/2 years old at his father’s death, the appellant was ineligible to provide a compassionate appointment. As the learned Single Judge correctly remarked, a sympathetic position is not a matter of right; it is meant to help the family cope with the situation resulting from the loss of the family’s lone breadwinner. After a 17-year hiatus, the appellant has applied for a compassionate appointment. There is no compelling reason to provide any gracious work when the appellant has governed the family for more than 17 years.

Taking all of these factors into account, the learned Single Judge correctly rejected the Writ Petition. We see no reason to overturn the knowledgeable Single Judge’s decision. The Writ Appeal is without merit and will most likely be dismissed. As a result, the Writ Appeal is denied. There are no fees.

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Reviewed by Rangasree

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