R.Chandrasekar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.8151 of 2017 R.Chandrasekar ..Petitioner Vs The District Collector, Ariyalur District, Ariyalur.

.. Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondent to consider the representation of the petitioner dated 11.01.2017 and consequently, direct the respondent to provide a appropriate employment i.e. Junior Assistant or equivalent to that post to the petitioner based upon the petitioner educational qualification and also the G.O.Ms.No.1499 dated 03.06.1989.

For Petitioner : Mr. Y.Kaja Navas For Respondent : Mr.T.M.Pappiah Spl.Govt.Pleader

O R D E R

This writ petition has been filed by the petitioner seeking for issuance of writ of Mandamus, directing the respondent to consider the representation of the petitioner dated 11.01.2017 and consequently, direct the respondent to provide a appropriate employment i.e. Junior Assistant or equivalent to that post to the petitioner based upon the petitioner educational qualification and also the G.O.Ms.No.1499 dated 03.06.1989.

2. The case of the petitioner is that his father was working as Village Administrative Officer from 1982 to 1998 under the control by the respondent. The petitioner's father died on 26.07.2002 , when he was on duty and his mother has given various representations to the District Collector, Perambalur seeking compassionate appointment, but no steps have been taken by the respondent. The petitioner's mother has given another representation dated 15.12.2016 and the same was considered and the respondent issued the appointment order on

07.01.2017 to the post of office assistant at Udayarpalayam, Revenue Divisional Office. Since the respondent did not grant appropriate employment i.e. as Junior Assistant or equivalent to the post of Junior Assistant based upon his educational qualification nor as per the Rules and Government Order of Tamil nadu in G.O.Ms.No.1499 dated 043.08.1988, the petitioner has given another representation dated 11.01.2017, but the same has not been considered by the respondent. Hence the petitioner has come forward before this Court.

3. First of all, the petitioner's father, who was working as Village administrative Officer, died on 26.07.2002 and after making various representations, pursuant to the order passed by this court on 03.10.2016 in W.P.No.17737 of 2015, the respondent considered the representation of the petitioner for compassionate appointment and the appointment order was issued for the post of office Assistant on 07.01.2017. While so, the petitioner stating that he is better qualified to the post of junior assistant, has given a representation on 11.01.2017 and as it was not considered, he has rushed to this court. It is stated that he is qualified SSLC examination, while so the attitude of the petitioner in making repeated representations to give him higher post viz., Junior Assistant is highly unwarranted, therefore, this court finding that the prayer and request made by the petitioner being unreasonable, is not inclined to entertain the writ petition and hence, this writ petition is rejected.

4. Accordingly, this writ petition is dismissed. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar kkd

To The District Collector, Ariyalur District, Ariyalur.

+ 2 ccs to Mr.Kaja Navas, Advocate Sr.20667 + 1 cc to Government Pleader Sr.21239 W.P.No.8151 of 2017 MG(CO) EU 19.5.17