M.Vasanthakumar v. The President,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.02.2021 CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.4404 of 2021 M.Vasanthakumar ... Petitioner Vs.
1.
The President, Vepery Primary Agricultural Co-operative Credit Society, Vepery Village, Siruvadi Post, Marakkanam Taluk, Villupuram District.
2.
The Joint Registrar of Co-operative Societies, O/o. Joint Registrar of Co-operative Societies, District Collectorate Complex, Villupuram District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, to grant compassionate employment to the Petitioner as per the recommendation made by the 2nd Respondent for compassionate appointment based on the services rendered by the Petitioner's father Late Murugan in the 2nd Respondent Co-operative Society, based on the educational qualification in an appropriate post. For Petitioner :
Mr.P.Paramasiva Doss For Respondents:
Mr.L.P.Shanmuga Sundaram, Special Government Pleader
O R D E R
Petitioner has come up with this Writ Petition seeking appointment on compassionate ground in an appropriate post, based on his educational qualification and as per the recommendation made by the 2nd Respondent, taking note of the services rendered by his father, Late Murugan in the 2nd Respondent Co-operative Society.
2.
It is seen that, the Petitioner's father, who was working as a Salesman in the 1st Respondent's Society, died on 03.02.2019, leaving behind the Petitioner's family in harness. Hence, the Petitioner made an Application dated 06.03.2019 and
also on 14.02.2020 for grant of compassionate appointment. The Petitioner's Application was forwarded by the 1st Respondent to the 2nd Respondent, and the latter had recommended grant of appointment on compassionate ground to the Petitioner. Due to inaction on the part of the Respondents in considering his Application, having no other alternative, the Petitioner has come up with this Writ Petition.
3.
Heard the learned counsel on either side and perused the material documents available on record.
4.
Considering the facts and circumstances of the case, this Court directs the 1st Respondent to consider the Petitioner's Application dated 06.03.2019 for grant of compassionate appointment based on the recommendation of the 2nd Respondent, and pass appropriate orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
5.
Petitioner shall furnish his phone number, email ID, if any, etc., along with a copy of his Application dated 06.03.2019 and a copy of this order, to the 1st Respondent forthwith. The 1st Respondent is directed to communicate the decision taken on the said Application to the Petitioner herein within a period of three weeks from the date of decision taken thereon, by way of SMS/Email/Registered Post/Speed Post, so that, there is no need for the parties to file contempt after expiry of the specified period. In case, the authorities concerned fail to send communication to the parties, they will have to face civil imprisonment in case of contempt proceedings and, if they are unable to serve the order and the cover being returned unserved for one reason or the other, the same shall be kept in the file without opening it for the sake of proof of delivery, so that the parties, at a later point of time, will not take a plea that he/she is not aware of the order of this Court. With the above direction, this Writ petition is disposed of. No costs.
Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar (aeb)
To:
1.
The President, Vepery Primary Agricultural Co-operative Credit Society, Vepery Village, Siruvadi Post, Marakkanam Taluk, Villupuram District.
2.
The Joint Registrar of Co-operative Societies, O/o. Joint Registrar of Co-operative Societies, District Collectorate Complex, Villupuram District.
+1cc to Mr.P.Paramasivadoss , Advocate SR.No. 13507 W.P.No.4404 of 2021 A.SK(24.03.2021)