IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 25.02.2010
CORAM
THE HON'BLE MR.JUSTICE R. SUDHAKAR
W.P. No.39111 of 2006
G. Pechimuthu .. Petitioner
Vs
1. The State of Tamil Nadu rep. by
the Secretary to Government,
Highways, Secretariat, Chennai-600 009
2. The Chief Engineer (General),
Highways, Rural Works,
Chepauk, Chennai-5 .. Respondents
Prayer: Original Application No.7944 of 1999 was filed before the Tamil Nadu Administrative Tribunal, Madras Bench to call for the records on the file of the first respondent in his Letter No.18069/HM1/99-1 dated 19.11.1999 and quash the same and direct the respondents to give him appointment to the post of Junior Assistant with effect from the date of his qualification with all monetary and service benefits.
For Petitioner .. Mr. R. Singaravelan
For Respondents .. Mr. S. Sivashanmugam
Government Advocate
ORDER
Original Application No.7944 of 1999 was filed before the Tamil Nadu Administrative Tribunal, Madras Bench to call for the records on the file of the first respondent in his Letter No.18069/HM1/99-1 dated 19.11.1999 and quash the same and direct the respondents to give him appointment to the post of Junior Assistant with effect from the date of his qualification with all monetary and service benefits. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was transferred and numbered as Writ petition.
2. The petitioner’s father was died on 05.05.1985 while he was in service. But the claim for compassionate appointment was denied by the respondents stating that the claim was belated.
3. The learned counsel for the petitioner fairly states that the petitioner is entitled to the benefit of G.O. Ms. No.120 Labour Department, dated 26.06.1995 wherein no time limit prescribed for making an application for compassionate appointment during the relevant period.
4. Heard Mr. S. Sivashanmugam, learned Government Advocate.
5. At this point of time, no relief as sought for can be granted. However, in the light of the above said G.O. the petitioner is permitted to make fresh representation to the second respondent for redressing his grievance if any. As and when such representation is made, the respondent shall consider and dispose of the same on merits within three months from the date of such representation. This Writ Petition is disposed of accordingly. No costs.
vga
To
1. The State of Tamil Nadu rep. by
the Secretary to Government,
Highways, Secretariat, Chennai-600 009
2. The Chief Engineer (General),
Highways, Rural Works,
Chepauk,
Chennai 5