K. Munusamy v. The Director Of Social Defence Department

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2024 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K.Munusamy

...Petitioner

-VsThe Director of Social Defence Department, No.300, Purasaiwalkam High Road, Chennai-600 010.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus direct the respondent to appoint the petitioner as Secondary Grade Warden or Gate Man in the available vacancies on compassionate ground and consequently direct the respondent to dispose of the petitioner's representation dated 06.10.2016. For Petitioner : Mr.S.Ilamvaludhi For Respondent : Mr.A.M.Ayyadurai Government Advocate

ORDER

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This Writ Petition has been filed for direction directing the respondent to appoint the petitioner as 2nd Grade Warden or Gate Man in the available vacancies on compassionate ground.

2. The petitioner's father was served as night watchman under the respondent department. While he was in service, he died on 05.09.2014 leaving behind the petitioner's mother and two sisters of the petitioner. From the date of the petitioner's father's demise, the petitioner repeatedly knocking the doors of the respondents seeking appointment on compassionate ground. Petitioner submitted petition before the Hon'ble Chief Minister's Cell and the same was forwarded to the respondents. The same was rejected on the ground that Junior Assistant post has not vacant and if the petitioner applied for any other post, then the case of the petitioner would be considered.

3. The learned counsel for the petitioner submitted that he may be 2/5

employed in any one of the suitable post in accordance with his qualification.

4. The learned counsel for the respondent submitted that if the petitioner agreed to apply for other posts, then he may be considered for compassionate appointment based on his educational qualifications.

5. Considering the above facts and circumstances, the petitioner is directed to submit fresh application before the respondent within a period of two weeks from the date of receipt of copy of this order and on receipt of the same the respondent is directed to consider the case of the petitioner and appoint him on compassionate ground in the suitable post as per his educational qualifications within a period of four weeks thereafter.

6. With the above direction, this writ petition is disposed of. No 3/5

costs.

01.02.2024 Index : Yes/No Internet: Yes/No gvn To The Director of Social Defence Department, No.300, Purasaiwalkam High Road, Chennai-600 010.

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G.K.ILANTHIRAIYAN,J.

gvn 01.02.2024 5/5