M/S.G.Atchaya v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.04.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA Writ Petition No.8640 of 2017 Ms.G.Atchaya ... Petitioner vs
1. The District Collector, Nagapattinam, Nagapattinam District.
2. The Registrar, Co-Operative Society, No.170, E.V.R.Periyar Road, Natarajan Malagai, Chennai.
3. The Joint Registrar, Co-Operative Society, Nagapattinam, Nagapattinam District.
4. The Deputy Registrar, Co-Operative Societies, Public Distribution System, Nagapattinam, Nagapattinam District.
... Respondents Writ Petition filed under Article 226 of Constitution of India, praying for issuance of writ of Mandamus, to direct the respondents 1 and 3 herein to consider the petitioner's representation dated 26.02.2016 and 20.02.2017 seeking appointment on compassionate grounds.
For Petitioner : Mr.R.Shanmugam, Senior Counsel for Mr.S.V.Karthikeyan For R1 : Mr.T.M.Pappiah, Special G.P
For RR2 to R4 : Mr.L.P.Shanmugha Sundaram, Special Government Pleader
O R D E R
The petitioner's father late.Mr.Gunaseelan, while serving as a driver in the office of the Deputy Registrar, Co-Operative Society, Nagapattinam, unfortunately died on 09.10.2012, leaving behind the petitioner, her mother G.Maheswari and brother Abishek as his legal heirs. As the petitioner did not attain the age of 18 years, her mother sent an application dated 18.06.2014 to the Deputy Registrar, Co-Operative Society, Public Distribution system, Nagapattinam requesting him to give appointment to the petitioner as a Junior Assistant on compassionate ground.
2.The Joint Registrar, Co-Operative Society, Nagapattinam, the third respondent herein also sent a reply dated 17.11.2015 stating that though the petitioner is fully qualified for the post, she could not be given the appointment orders, as she has not completed the age of 18 years.
3.The petitioner has completed 18 years and presented a petition dated 26.02.2016 requesting the authority to give appointment on compassionate grounds. Since no orders have been passed, the petitioner presented a petition dated 20.02.2017 to the District Collector, Nagapattinam, the first respondent herein, requesting to give her appointment as a Junior Assistant on compassionate ground. The District Collector, Nagapattinam sent a letter dated 24.02.2017 to the Joint Registrar, CoOperative Society, Nagapattinam, the third respondent herein, to consider the petitioner's representation dated 20.02.2017 and also directed to send the report to the office of the District Collector. At this stage, the petitioner is before this Court by way of the present writ petition seeking for a direction to the third respondent herein to consider the case of the petitioner, on the basis of the communication sent by the District Collector.
4.The learned Special Government Pleader appearing for the respondents 2 to 4 submitted that the petitioner's representation will be considered on the basis of the communication dated 24.02.2017 sent by the District Collector to the Joint Registrar, Co-Operative Society, Nagapattinam. 5.Recording his statement, this Court directs the third respondent to consider the petitioner's representations dated
26.02.2016 and 20.02.2017, in the light of the communication sent by the District Collector dated 24.02.2017, within a period of four weeks from the date of receipt of a copy of this order. 6.The writ petition is disposed of, with the above direction. No costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar dn To
1. The District Collector, Nagapattinam, Nagapattinam District.
2. The Registrar, Co-Operative Society, No.170, E.V.R.Periyar Road, Natarajan Malagai, Chennai.
3. The Joint Registrar, Co-Operative Society, Nagapattinam, Nagapattinam District.
4. The Deputy Registrar, Co-Operative Societies, Public Distribution System, Nagapattinam, Nagapattinam District.
+1cc to Mr.S.V.Karthikeyan, Advocate, S.R.No.21793 +1cc to the Government Pleader, S.R.No.22695 +1cc to the Government Pleader, S.R.No.22087 W.P No.8640 of 2017 ks(co) rmp(15/05/17)