Manivasagam v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No .1445 of 2023 Mr.Manivasagam
...Petitioner
Vs.
1. The Secretary to Government, Department of Animal Husbandry, Dairying and Fisheries, Fort St. George, Chennai 6
2. The Commissioner, Tamil Nadu Dairy Development Department, Establishment Wing Chennai.
3. The Managing Director, Villupuram Cuddalore District, Co-operative Milk Producers Union Limited, Viluppuram.
4. The General Manager, Viluppuram Cuddalore District Co-operative Milk Producers Union Limited, Villuppuram.
5. The Assistant Manager (dairy) Page No.1/6
Chinnasalem Chilling Center, Chinnasalem.
...Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus, directing the respondents 3 to 5 to consider petitioner's representation dated 01.06.2022 to appoint the petitioner under compassionate ground for suitable post. For Petitioner : Mrs.Kanimozhi Mathi For Respondents : Mrs.R.Vijaya Devi Government Advocate
O R D E R
This writ petition has been filed for the issue of writ of Mandamus directing the respondents 3 to 5 to consider the representation made by the petitioner on 01.06.2022 wherein the petitioner has sought for appointment on compassionate ground. 2.
The father of the petitioner was working as a Factory Assistant in Chinnasalem Chilling Center under the control of the 5th respondent. He died on 21.11.2004, leaving behind the petitioner, his mother and his sisters as legal heirs. Even in the service register, they were made as the nominees and all the monetary benefits were also Page No.2/6
received by them pursuant to the demise of the father of the petitioner. The petitioner made a representation on 07.04.2006 seeking for compassionate appointment. Subsequently, after the petitioner became a major, the 4th respondent called the petitioner for verification of original certificates and the petitioner also submitted his original certificates for verification on 01.07.2019. Even thereafter, the 4th respondent had called the petitioner for an enquiry and the petitioner attended the enquiry on 23.05.2022.
3.
The grievance of the petitioner is that inspite of submitting all the certificates and inspite of the petitioner satisfying all the requirements, there has been absolutely no progress on the side of the respondents in considering the compassionate appointment of the petitioner. Hence, a representation was made by the petitioner in this regard on 01.06.2022. Since there was no response for the same, the present writ petition has been filed before this Court seeking for appropriate directions.
4.
Heard Mrs.Kanimozhi Mathi, learned counsel for the Page No.3/6
petitioner and Mrs.R.Vijaya Devi, learned Government Advocate appearing on behalf of respondents.
5.
Taking into consideration the limited relief sought for in this writ petition and without going into the merits of the case, there shall be a direction to the 2nd respondent to consider the representation made by the petitioner on 16.09.2022 and deal with the same on its own merits and in accordance with law and take a decision within a period of six weeks from the date of receipt of the copy of this order. 6.
The petitioner is directed to make a fresh representation to the 2nd respondent along with all relevant documents and also a copy of this order. This writ petition is disposed of with the above directions. No costs.
23.01.2023 rka Index:Yes/No Internet:Yes/No Page No.4/6
To
1. The Secretary to Government, Department of Animal Husbandry, Dairying and Fisheries, Fort St. George, Chennai 6
2. The Commissioner, Tamil Nadu Dairy Development Department, Establishment Wing Chennai.
3. The Managing Director, Villupuram Cuddalore District, Co-operative Milk Producers Union Limited, Viluppuram.
4. The General Manager, Viluppuram Cuddalore District Co-operative Milk Producers Union Limited, Villuppuram.
5. The Assistant Manager (dairy) Chinnasalem Chilling Center, Chinnasalem.
Page No.5/6
N.ANAND VENKATESH, J., rka 23.01.2023 Page No.6/6