Shah Nawaz Mohiddin, v. The Manager,

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.7682 of 2013 ORDER:

This writ petition is filed seeking the following relief :- " ..... to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 1 to 4 in not providing the petitioner any job in their organization on compassionate grounds as illegal, arbitrary and consequently direct the respondents to appoint the petitioner in their organization with a suitable job according to his pass eligibility....." .

Heard Mr.T.K.Raghunath, learned counsel appearing for the petitioner and the learned Standing Counsel for the respondents. It has been contended by the petitioner that his father was employed as a Head Cashier with the respondents and while discharging his duties as such, he expired on 30.03.1993. Thereafter, though the petitioner made a representation to the respondents seeking appointment on compassionate grounds, the respondents have rejected his case vide proceedings dated 24.09.1993 on the ground that the petitioner has not fulfilled the eligibility criteria, as he was a minor at that point of time. Therefore, on attaining majority, the petitioner has submitted another representation seeking appointment on compassionate grounds. However, the respondents have not passed any orders on the said representation. Hence, the present writ petition.

Learned counsel for the petitioner contends that appropriate orders be passed in the writ petition directing the respondents to consider the case of the petitioner for appointment on compassionate grounds.

Learned Standing Counsel appearing for the respondents contends that the case of the petitioner was rejected way back in the year 1993 on the ground that the petitioner was a minor at that point of time, however, the case of the petitioner would be considered in accordance with law, if he submits a fresh representation to the respondents.

This Court, having considered the rival submissions made by the learned counsel for the respective parties, is of the considered view that this writ petition can be disposed of directing the petitioner to submit a fresh representation to the respondents claiming appointment on compassionate grounds within two weeks from the date of receipt of a copy of this order. Upon such representation being received, the respondents shall consider the same and pass appropriate orders in accordance with law within eight weeks thereafter.

With the above observations, this writ petition is disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. ____________________________ ABHINAND KUMAR SHAVILI, J 27-09-2019 Prv