A.Nithya v. The District Educational

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Coram Dated: 11.01.2017 The Honourable Mr. JUSTICE M.SATHYANARAYANAN Writ Petition No.907 of 2017 A.Nithya ... Petitioner -Vs1. The District Educational Officer, Dharmapuri District - 636 702.

2. The Head Master, Government Boys Higher Secondary School, Pappireddipatti Taluk, Dharmapuri District.

... Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the 1st respondent to consider the application of the petitioner dated 25.07.2016 and to appoint the petitioner in suitable post under the compassionate appointment. For Petitioner : Mr.M.P.Vairakkannan For Respondents : Mr.K.Dhanjayan, Spl.Govt.Pleader

O R D E R

By consent, the writ petition is taken up for final disposal. Mr.K.Dhananjayan, learned Special Government Pleader accepts notice on behalf of the respondents.

2. The petitioner would aver that her husband, while working as Post Graduate Teacher in the service of the 2nd respondent School, died in harness on 29.07.2015 and at that time, he was aged about 42 years. It is further averred by the petitioner that out of wedlock, she is blessed with two sons, aged 8 years and 4 years respectively and she has to support her aged mother-in-law also and except the salary earned by her husband, she is not having any other income. The petitioner would further https://hcservices.ecourts.gov.in/hcservices/

aver that she belongs to Schedule Tribe Community and in the form of application dated 25.07.2016, she prayed for appointment on compassionate ground in commensurate with her qualification of M.A.(Tamil) B.Ed. Despite receipt and acknowledgement, no order came to be passed. Hence, she came forward to file this writ petition.

3. Heard the learned counsel for the petitioner and Mr.K.Dhananjayan, learned Special Government Pleader appearing for the respondents.

4. Though the petitioner prays for a larger relief, this Court, in the light of the facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the first respondent to consider and dispose of the petitioner's representation dated 25.07.2016 on merits and in accordance with law, after giving an opportunity of personal hearing to the petitioner, and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsi To

1. The District Educational Officer, Dharmapuri District - 636 702.

2. The Head Master, Government Boys Higher Secondary School, Pappireddipatti Taluk, Dharmapuri District.

+1cc to Mr.S. Doraisamy, Advocate, S.R.No.3117 +1cc to the Government Pleader, S.R.No.3021 NMI(CO) md(19/01/2017) Writ Petition No.907 of 2017 https://hcservices.ecourts.gov.in/hcservices/