1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P (MD)No.2226 of 2011 and M.P (MD) No.1 of 2011 S.Ganesh ... Petitioner Versus 1. The Chief Security Commissioner, Railway Protection Force, 6th Floor, Moor Market Complex, Southern Railway, Chennai. 2. Chief Personnel Officer, GM. Building, Park Town, Southern Railway, Chennai. 3. The Divisional Personnel Officer, Southern Railway, Madurai Division, Madurai. 4. The Divisional Security Commissioner, Railway Protection Force, Southern Railway, Madurai Division, Madurai District. ... Respondents PRAYER : Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order dated 27.01.2011 passed by the first respondent in proceedings No.X/P.269/8584/2010 and quash the same as illegal and consequently directing the respondents to provide job to the petitioner on compassionate ground in any suitable post commensurate with the petitioner's educational qualification. For Petitioner : Mr.S.M.Lingeswaran For Respondents : Mr.S.Manohar https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R The petitioner has come up with the above Writ Petition, challenging the rejection of his request for appointment on compassionate grounds in the Railway. 2. Heard Mr.S.M.Lingeswaran, learned Counsel for the petitioner and Mr.S.Manohar, learned Counsel for the respondents. 3. The petitioner's father was employed in the Railway Protection Force. After 33 years of service, he was affected with renal failure. Though the Railway did not declare the petitioner's father as unfit on medical grounds, the petitioner's father wanted himself to be declared as such and he filed a Writ Petition in W.P (MD)No.858 of 2010 to compel the Railway to declare him as medically unfit, perhaps with the intention of securing compassionate appointment for his son. 4. In pursuance of the orders passed in the said Writ Petition, dated 28.01.2010, the petitioner's father was sent to the Medical Board. The Medical Board by its order, dated 12.04.2010, declared the petitioner's father as unfit for all kinds of jobs in the Railways. It must be remembered that this order was forced upon the Railways by the petitioner's father after securing a writ from this Court. 5. Thereafter, the petitioner made a representation for the grant of compassionate appointment. After making an application, the petitioner also came up with a Writ Petition in W.P(MD)No.8584 of 2010. That Writ Petition was disposed of by an order, dated 07.07.2010, directing the respondents to consider the representation of the petitioner and to pass appropriate orders. 6. Contending that the said order was not implemented, the petitioner filed a contempt petition in Cont.P(MD)No.644 of 2010. That contempt petition was closed by an order, dated 28.10.2010, when the respondents pointed out that the application was under process. 7. Thereafter, the first respondent passed an order, dated 27.01.2011, rejecting the request of the petitioner for compassionate appointment. Since, the impugned order is very eloquent, than any reasons that I can put forth, I am extracting the relevant portion of the impugned order:-  Out of your five children, two sons and two daughters are already married and settled separately.  Your youngest son (Sri S.Ganesh, the applicant) has also completed his education (M.A.B.L.).  You live in your own house at Tuticorin.  You have also not chosen to opt for RELHS (Railway Employees Liberalized Health Scheme) though you have voluntarily retired from service on having been declared medically unfit for all classes. https://hcservices.ecourts.gov.in/hcservices/ 3 8. The reasons stated in the impugned order extracted above would show that the siblings of the petitioner are married and well- settled in life. The petitioner is the youngest of the five children of his father. The petitioner's father did not die in harness. At the fag end of his career, the petitioner's father forced the respondents to declare him as medically unfit, by coming to this Court and seeking a Mandamus. Even then he only chose to seek voluntary retirement, refusing to opt for the Railway Employees Liberalized Health Scheme. Therefore, this is not a case where even the request for compassionate appointment deserved to be considered. 9. Though the learned Counsel for the petitioner contended that the petitioner's father did not own any property, the learned Counsel for the respondents produced the enquiry report. The enquiry report reveals that since the petitioner's father went on voluntary retirement, he was paid terminal benefits working out to more than Rs.5,00,000/-. The petitioner himself has studied M.A.B.L and he is now a practising Advocate. The petitioner's father owns two houses at Tuticorin. The petitioner's mother owns two properties, namely,  (i) a land of an extent of 99.637 square meter in Survey No.6070, Keelur Sub-Registrar Office, Tuticorin; and  (ii) No.136 and 136(A), Therespuram, Tuticorin. 10. The petitioner's mother also owned other properties, a couple of which were disposed of by the petitioner by virtue of the power of Attorney granted by his mother. Therefore, it is clear that the family is not living under indigent circumstances. On the other hand, the family is prosperous. 11. The petitioner appears to have even threatened the respondents that he would commit suicide, if compassionate appointment is not given. Therefore, the rejection of the request of the petitioner was well founded. 12. As pointed out by the Supreme Court even in the recent case in Bhawani Prasad Sonkar Vs. Union of India, (2011) 4 SCC 209, the scheme for appointment on compassionate grounds cannot be allowed to be misused by persons like the petitioner. The attempt of the petitioner is nothing but an abuse of process of law. Therefore, the Writ Petition deserves to be dismissed. Accordingly, it is dismissed. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 4 To 1. The Chief Security Commissioner, Railway Protection Force, 6th Floor, Moor Market Complex, Southern Railway, Chennai. 2. The Chief Personnel Officer, GM. Building, Park Town, Southern Railway, Chennai. 3. The Divisional Personnel Officer, Southern Railway, Madurai Division, Madurai. 4. The Divisional Security Commissioner, Railway Protection Force, Southern Railway, Madurai Division, Madurai District. +1 CC to Mr.S.M.Lingeswaran, Advocate (SR.No.40769) +1 CC to Mr.S.Manohar, Advocate (SR.No.40906) W.P (MD)No.2226 of 2011 21.11.2011 ps NSV/1.12.11/4P/7C https://hcservices.ecourts.gov.in/hcservices/