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Madras High CourtWP/3165/2025disposed of

Priyadharshini v. The General Manager

2025-01-31Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2025

CORAM:

THE HON'BLE Mrs. JUSTICE V.BHAVANI SUBBAROYAN Priyadharshini ... Petitioner Vs.

The General Manager, The Erode District Cooperative Milk, Producers Union Limited, Vasavi College Post, Erode.

... Respondent Prayer: This Writ petition has been filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus to direct the respondents to appoint the petitioner on compassionate ground in any suitable post.

For Petitioner : Mr.R.Poornima For respondent : Mr.R.Balaramesh

ORDER

This Writ Petition is filed by the petitioner seeking direction to the respondent to appoint the petitioner on compassionate ground in any 1/4

suitable post.

2. The brief facts of the case as per the affidavit enclosed to this Writ Petition are that the petitioner's father was working in the respondent's office and died on 04.05.2003 leaving behind the petitioner, his mother and his brother. Petitioner and petitioner's mother gave no objection for getting appointment on compassionate ground for petitioner's brother. On 06.07.2019, petitioner's brother was given appointment as Senior Factory Assistant by the respondent. On 06.07.2019, petitioner's brother joined duty in the respondent's office and after completion of two years of probation period, proceedings were issued on 28.08.2021 vide ref. no.6136/Esst/E3/2019. On 17.02.2022, petitioner's brother was died as a bachelor. Subsequently, petitioner's mother submitted a letter to the respondent on 27.04.

2023, requesting to consider the petitioner's candidature on compassionate ground. On 16.11.2024, petitioner also submitted his application requesting for appointment on compassionate basis in the respondent office. However, the petitioner's application is kept pending without any progress. Hence, the petitioner has filed this Writ petition seeking for suitable relief.

3. The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondent to consider the petitioner's representation and pass orders.

4. The learned counsel for the respondent submitted that they have already given appointment to the petitioner's brother on compassionate ground. The petitioner's brother was appointed as Senior Factory Assistant on compassionate ground and he while was in service, he died on 17.02.2022 as a bachelor. Now, the petitioner gave a representation to the respondent on 16.112024 for appointing her on compassionate ground. He further submitted that this is a pathetic case and the respondent will consider the case of the petitioner and pass orders on merits and in accordance with law.

5. Heard the learned counsel for the petitioner and the learned counsel for the respondent and perused the records.

6. Considering the facts and circumstances of the case and the submissions made by both sides, this Court directs respondent to 3/4

consider the representation of the petitioner dated 16.11.2024 and pass V.BHAVANI SUBBAROYAN, J.

gbi orders on merits and in accordance with law, within a period of 12 weeks from the date of receipt of copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs.

31.01.2025 gbi Index: Yes/No To The General Manager, The Erode District Cooperative Milk, Producers Union Limited, Vasavi College Post, Erode.

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