PATHERYA,J. - (1.) By this writ petition, the petitioner seeks compassionate appointment. The father of the petitioner died in harness in 2001 while his mother died within two years. Since the petitioner was not a major, an application under Section 14 of the 2001 Recruitment Rules was not made. A guardian was appointed in 2003. On attaining majority, the petitioner applied for compassionate appointment. When the same was not addressed, W.P. No.4797 (W) of 2009 was filed and an order was passed on 26th June, 2009, by which the petitioner's representation was directed to be considered. Such representation has been considered and an order was passed on 22nd September, 2009, by which the claim of the petitioner has been rejected and rightly so. The petitioner's mother died after a year of the demise of her husband. Therefore, she could have applied for compassionate appointment for herself or for her minor son. No such step was taken. The petitioner had applied in 2008 after attaining majority. Section 14 of the said Rules makes it amply clear that an application for compassionate appointment must be made within two years from the date of such death. Therefore, no interference is called for with the order dated 22nd September, 2009. The unreported decision of the Madras High Court as relied on by the petitioner is distinguishable on facts, as the Medical Board in its proceedings, had removed the limitation provided for making an application for compassionate appointment. Therefore, the case is distinguishable on facts.
(2.) Accordingly, this writ petition is dismissed.
(3.) As no affidavit-in-opposition has been filed, the allegation contained in the petition is not admitted.;