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Madras High CourtWP/1534/2023disposed of

M.Kathar v. The Secretary To Government

2023-01-20Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.1534 of 2023 and W.M.P No.1619 of 2023 M.Kathar Petitioner vs.

1.The Secretary to Government, Corporation, Food and Consumer Protection Department, Fort St. George, Chennai - 600 009.

2.The Registrar of Cooperative Societies, E.V.R. Periyar High Road, Kilpauk, Chennai - 600 010.

3.The Additional Registrar of Cooperative Societies, (Consumer Services) E.V.R. Periyar High Road, Kilpauk, Chennai - 600 010.

4.The Joint Registrar of Cooperative Societies, Erode Region, Erode, 5.The Deputy Registrar of Cooperative Societies, Gobichettipalayam Circle, Gobichettipalayam,

6.The President, A.A. 300 Bargur Primary Agricultural Cooperative Credit Society, Bargur Post - 638 501, Anthiyur Taluk, 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 as compassionate appointment in the 6th respondent society. For Petitioner : Mr.C.Prakasam For Respondents : Mr.RU.Dinesh Rajkumar Additional Government Pleader for R1 to 5 Mr.Gokul Krishnan Additional Government Pleader for R6

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 father was working as a Salesman in the 6th respondent Society for nearly 29 years. Since the services of his father was not regularized, writ petitions were filed by all the aggrieved persons and

final order came to be passed by this Court in W.P.No.21440 etc., of 2015 wherein, a direction was given to the respondents to regularize the service subject to the fulfillment of certain conditions, within a time frame. 3.Unfortunately, the father of the petitioner died due to COVID-19 complications. Hence, the petitioner made a representation seeking for the compensation under the COVID Relief Fund and also had sought for compassionate appointment. The representation made by the petitioner was taken up for consideration by the 5th respondent and the 5th respondent through letter dated 19.07.2022 informed the 6th respondent that the representation is under consideration. Since there was no progress, the present writ petition has been filed before this Court seeking for appropriate directions. 4.Heard Mr.C.

Prakasam, learned counsel appearing on behalf of the petitioner, Mr.RU.Dinesh Rajkumar, learned Additional Government Pleader appearing on behalf of respondents 1 to 5 and Mr.Gokul Krishnan, learned Additional Government Pleader appearing on behalf of the 6th respondent. 5.

same has already been approved and the same will be disbursed within a short period to the petitioner. The said submission is hereby recorded. 6.Insofar as the relief of compassionate appointment sought for by the petitioner, the same is pending before the 5th respondent. Hence, considering 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 5th respondent to consider the representation made by the petitioner seeking for compassionate appointment and take a decision, within a period of twelve weeks from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the 5th respondent along with all the relevant documents and also a copy of this order.

7.This writ petition is disposed of with the above direction. No Costs. Consequently, connected miscellaneous petition is closed. 20.01.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No ssr

To 1.The Secretary to Government, Corporation, Food and Consumer Protection Department, Fort St. George, Chennai - 600 009.

2.The Registrar of Cooperative Societies, E.V.R. Periyar High Road, Kilpauk, Chennai - 600 010.

3.The Additional Registrar of Cooperative Societies, (Consumer Services) E.V.R. Periyar High Road, Kilpauk, Chennai - 600 010.

4.The Joint Registrar of Cooperative Societies, Erode Region, Erode, 5.The Deputy Registrar of Cooperative Societies, Gobichettipalayam Circle, Gobichettipalayam,

N. ANAND VENKATESH, J.

ssr W.P No.1534 of 2023 and W.M.P No.1619 of 2023 20.01.2023