S.Gopi v. Tamil Nadu Civil Supplies Corporation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2024

CORAM

THE HONOURABLE MR.JUSTICE D. BHARATHA CHAKRAVARTHY S. Gopi ... Petitioner -Vs1. Tamil Nadu Civil Supplies Corporation Rep.by its Managing Director No.12, Thambusamy Road, Kilpauk, Chennai 600 010.

2. The Regional Manager, Tamil Nadu Civil Supplies Corporation No.1, Chennai National Highways Road, Villupuram.

3. S. Meghala ... Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 1st respondent to consider the application/representation of the petitioner dated 24.08.2023 in pursuance of the recommendation as made by the 2nd respondent vide letter dated 31.08.2023 and to grant appointment to the petitioner on compassionate basis.

For Petitioner : Mr.N.U.Pressanna For Respondent : Mr.C.Selvaraj

for R1 & R2

O R D E R

This writ petition is filed for issuance of a Writ of Mandamus to direct the 1st respondent to consider the application/representation of the petitioner dated 24.08.2023 in pursuance of the recommendation as made by the 2nd respondent vide letter dated 31.08.2023 and to grant appointment to the petitioner on compassionate basis.

2. The contention of the petitioner is that the petitioner's father L.Sampath was employed as Junior Assistant in the respondent Corporation and he died while in service on 23.05.2010. It is the case of the petitioner that an application for compassionate appointment was made on 07.02.2011. However, there were disputes among the family members. O.P.No.8 of 2014 was instituted before the Principal District Court, Villupuram and only subsequent to the order in the said matter the terminal benefits were disbursed. However, the application for compassionate appointment is pending with the respondents without any decision being taken.

3. Mr.C.Selvaraj, learned counsel who takes notice on behalf of the respondents 1 & 2 submitted that if time period is granted by this Court they

would consider the application of the petitioner in accordance with law and on merits and pass suitable orders.

4. Accordingly, this writ petition is disposed of on the following terms. (i) The respondents are directed to consider the case of the petitioner for appointment of compassionate appointment in accordance with the policy, in any event within a period of 12 weeks from the date of receipt of a copy of this order.

(ii) No costs.

23.04.2024 Index : Yes Speaking order:Yes dpq To

1. Tamil Nadu Civil Supplies Corporation Rep.by its Managing Director No.12, Thambusamy Road, Kilpauk, Chennai 600 010.

2. The Regional Manager, Tamil Nadu Civil Supplies Corporation No.1, Chennai National Highways Road, Villupuram.

D. BHARATHA CHAKRAVARTHY , J.

dpq 23.04.2024