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Madras High CourtWP/2902/2019disposed of

Sampath Kumar v. The District Collector

2019-03-04Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04-03-2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.2902 of 2019 Sampath Kumar ..

Petitioner - Vs. - The District Collector, Krishnagiri, Krishnagiri District.

.. Respondent Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to grant appointment to the petitioner on compassionate appointment in any one of the post based on the letter dated 31.7.2017.

For Petitioner : Mr.S.C.Vishwanth For Respondent : Mr.R.S.Selvam, Government Advocate.

O R D E R

The relief sought for in the present writ petition is for a direction to direct the respondent to grant appointment to the writ petitioner on compassionate appointment in any one of the post based on the letter dated 31.7.2017.

2. The father of the writ petitioner late Shri Chinnappan, was employed as Office Assistant in the Revenue Department and he died on 25.3.2017, while he was in service. On account of the sudden demise of the Government employee, the employee's family was in penurious circumstances.

3. The learned counsel for the writ petitioner states that the writ petitioner and other family members are unable to run their family, as the father of the writ petitioner was the sole breadwinner of the family.

https://hcservices.ecourts.gov.in/hcservices/

4. In this regard, the writ petitioner submitted an application on 31.7.2017, seeking appointment on compassionate ground and the same is yet to be considered by the competent authorities.

5. Under these circumstances, this Court is of an opinion that the Scheme of compassionate appointment must be provided by the competent authorities, within the reasonable period of time and without causing any undue delay. However, the terms and conditions of the scheme must be followed scrupulously and there cannot be any deviation or violation in the terms and conditions of the Scheme stipulated.

6. This being the scope of the Scheme, the case of the writ petitioner is to be considered with reference to the terms and conditions of the Scheme as expeditiously as possible.

7. Thus, the respondent is directed to consider the application/representation submitted by the writ petitioner on 31.7.2017 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. The writ petitioner is directed to enclose the copy of the abovesaid representation and the application submitted in the prescribed format as well as the other required documents, if any, along with the order passed in this writ petition.

8. With the above directions, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Svn To The District Collector, Krishnagiri, Krishnagiri District.

+1cc to Mr.S.C.Vishwanth, Advocate, S.R.No.20632 +1cc to the Government Pleader, S.R.No.20539 WP.No.2902 of 2019 RR(CO) CS/29/03/2019 https://hcservices.ecourts.gov.in/hcservices/