D.Tamilarasan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.2494 of 2023 D.Tamilarasan Petitioner vs.

1.The District Collector, (Nutritious Meal Scheme) 2.The Commissioner, 3.The Block Development Officer, Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to give appointment of the petitioner on the compassionate ground upon the demise of his mother Kala Assistant cook under the nutritional meal scheme at Kanagapuram Panchyath Union primary School, Thiruvannamalai Taluk and Thiruvannamalai District.

For Petitioner : Mr.R.Rajarajan For Respondents : Mr.Stalin Abhimanyu Additional Government Pleader for R1 Mr.C.Sathish Government Advocate for R2 and R3

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the respondents to grant compassionate appointment to the petitioner.

2.The case of the petitioner is that her mother Kala was appointed as an Assistant under the Nutritious Meal Scheme. She died in harness on 01.02.2012. The father of the petitioner made an application for compassionate appointment and the same was also recommended by the 3rd respondent to the 1st respondent on 22.06.2012. This process went on for nearly nine years and by the time it was considered, the age of the father of the petitioner crossed the age limit.

3.In view of the above, the petitioner who attained majority on 09.04.2021, submitted an application/representation seeking for compassionate appointment. While submitting the application, the petitioner has also received the no objection from the other family members. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions. 4.Heard Mr.R.Rajarajan, learned counsel appearing on behalf of the petitioner, Mr.Stalin Abhimanyu, learned Additional Government Pleader appearing on behalf of the 1st respondent, and Mr.C.Sathish, learned Government Advocate appearing on behalf of respondents 2 and 3.

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 and 3rd respondents to consider the representation made by the petitioner on 14.07.2021 and deal with the same on its own merits and in accordance with law. This process shall be completed by

them, 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 1st and 3rd respondents along with all the relevant documents and also a copy of this order.

6.In the result, this writ petition is disposed of with the above direction. No Costs.

02.02.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No ssr To 1.The District Collector, (Nutritious Meal Scheme) 2.The Commissioner,

3.The Block Development Officer,

N. ANAND VENKATESH, J.

ssr W.P No.2494 of 2023 02.02.2023