T.Senthilraja v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.1634 of 2023 T.Senthilraja Petitioner vs.

1.The Commissioner, Directorate of Social Welfare, Saidapet, Chennai - 600 015.

2.The District Social Welfare Officer, Collectorate Campus, Additional Building, Dharmapuri - 636 705.

3.The Block Development Officer, O/o. the Block Development Officer, Dharmapuri, Dharmapuri District.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to appoint the petitioner in any of the post in the respondent department according to his educational qualification under compassionate appointment by considering his representation dated 17.03.2014 and remainder dated 27.02.2020, 10.03.2020 and 14.12.2020.

For Petitioner : Mr.B.Gopalakrishnan For Respondents : Mr.A.Selvendran Special Government Pleader for R3

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the respondents to consider the representation made by the petitioner wherein, the petitioner has sought for compassionate appointment. 2.The case of the petitioner is that his mother was working as an Extension Officer in the 2nd respondent Department. She died on 31.01.2014 leaving behind the petitioner and his sisters. The petitioner submitted an application on 17.03.2014 seeking for compassionate appointment. 3.The further case of the petitioner is that the 2nd respondent directed the petitioner to submit all the relevant documents and accordingly the petitioner also submitted those documents. A scrutiny/verification was also made by the Tahsildar and a combined certificate dated 05.03.2020 was also issued by the Tahsildar. Since the claim made by the petitioner was not considered, the petitioner has been making repeated representations from the year 2020 onwards. Since the same was not considered, the present writ petition has been filed before this Court.

4.Heard Mr.B.Gopalakrishnan, learned counsel appearing on behalf of

the petitioner and Mr.A.Selvendran, learned Special Government Pleader appearing on behalf of the 3rd respondent.

5.Taking into consideration the limited relief sought in the present writ petition and without going into the merits of the case, there shall be a direction to the 1st respondent to consider the representation made by the petitioner on 17.03.2014 on its own merits and in accordance with law and a final decision shall be taken by the 1st respondent, within a period of six weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 1st respondent along with all the relevant documents and also a copy of this order.

6.This writ petition is disposed of with the above direction. No Costs. 24.01.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No ssr

N. ANAND VENKATESH, J.

ssr To 1.The Commissioner, Directorate of Social Welfare, Saidapet, Chennai - 600 015.

2.The District Social Welfare Officer, Collectorate Campus, Additional Building, Dharmapuri - 636 705.

3.The Block Development Officer, O/o. the Block Development Officer, Dharmapuri, Dharmapuri District.

W.P No.1634 of 2023 24.01.2023