M.Senthil Iyyappan v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.10.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH M.Senthil Iyyappan

...Petitioner

Vs

1. The Secretary to Government, Transport Department, Fort St. George, Chennai 600 009.

2. The Managing Director, Tamil Nadu State Transport Corporation Ltd., Salem Division-II, Dharmapuri 636 705.

3. The General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Dharmapuri Division, Bharathipuram, Dharmapuri.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to consider the petitioner for employment on compassionate grounds based on the petitioner's representation dated 06.06.2011 and 01.02.2022 within a fixed time frame. 1/4

For Petitioner : Mr.M.Selvam For Respondents : Mrs.V.Yamuna Devi Spl. Govt. Pleader for R.1 : Mr.K.Raja Standing Counsel for R.2 and R.3

ORDER

The petitioner's father, who was the employee of third respondent Transport Corporation, died on 19.04.2006. The petitioner sought for compassionate appointment and since his application was not considered within the reasonable time, he has given representations on 06.06.2011 and 01.02.2022. The present writ petition is for a direction to the respondents to consider his representations within a reasonable time.

2. The respondents 2 and 3 have filed a counter affidavit and in paragraph No.11 of the counter affidavit, it is stated as follows:-

11. Without prejudice to the above contentions it is submitted that the petitioner is in the 136th position of the Seniority List maintained for Compassionate Ground appointment. It is submitted that as and when his tenure comes, this 2nd respondent consider his application subject to 2/4

eligibility and other criteria mentioned in the Government orders issued by the Government from time to time.

3. Thus, it is seen that the respondents 2 and 3 have stated that the petitioner's candidature for appointment on compassionate appointment would be considered as per seniority.

4. Learned counsel for the petitioner also submits that he would await for his tenure for such consideration.

5. Recording the submission made by the learned counsel for the respondents, the writ petition stands closed. No costs. 18.10.2023 Index:Yes/No Speaking order/Non-speaking order sr 3/4

M.S.RAMESH,J., sr To

1. The Secretary to Government, Transport Department, Fort St. George, Chennai 600 009.

2. The Managing Director, Tamil Nadu State Transport Corporation Ltd., Salem Division-II, Dharmapuri 636 705.

3. The General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Dharmapuri Division, Bharathipuram, Dharmapuri.

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