B. Deepalakshmi v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15-03-2019
CORAM
THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No. 4577 of 2019 B.Deepalakshmi ... Petitioner Vs
1. The Principal Secretary to Government, Health and Family Welfare Department, Fort, St.George, Chennai-9.
2. The Director of Medical Education, The Directorate of Medical Education, Kilpauk, Chennai-600 010.
3. The Dean, Government Sivagangai Medical College & Hosiptal Sivagangai, Sivagangai District. ...Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 2nd respondent to pass orders on the representation dated 05.10.2017 by issuing appointment order in the post of Junior Assistant to the petitioner on compassionate ground at the earliest.
For Petitioner : Mr.G.Justin For Respondent : Mr.P.Rajalakshmi Additional Government Pleader.
O R D E R
The relief sought for in the present writ petition is to pass orders on the representation dated 05.10.2017 in connection with the request of the writ petitioner to provide appointment on compassionate grounds.
2. The husband of the writ petitioner who was employed as Junior Assistant under the third respondent had passed away on 18.05.2015. On account of the sudden demise of the death of the
husband of the writ petitioner, the family was in penurious circumstances.
3. Thus, the writ petitioner along with relevant documents submitted a representation on 05.10.2017 to provide appointment on compassionate grounds, which is yet to be considered.
4. This Court is of the opinion that the very purpose and object of this scheme of appointment is to mitigate the circumstances arising out of sudden demise of the breadwinner of the family. In the present case, soon after the death of the husband of the writ petitioner, she submitted an application seeking appointment on compassionate grounds. Thus, the said application has to be considered within a reasonable period of time and without causing any undue delay. This being the factum of the case, the second respondent is directed to consider the representation submitted by the writ petitioner on 05.10.2017, and pass orders in accordance with law and with reference to the terms and conditions of the scheme of compassionate appointment, within a period of 12 weeks from the date of receipt of a copy of this order.
5. The writ petitioner is directed to enclose the copy of the representation and all other relevant orders, if any along with the order passed in this present writ petition. . The writ petition stands disposed of. No costs.
s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar ssb To
1. The Principal Secretary to Government, Health and Family Welfare Department, Fort, St.George, Chennai-9.
2. The Director of Medical Education, The Directorate of Medical Education, Kilpauk, Chennai-600 010.
3. The Dean, Government Sivagangai Medical College & Hosiptal Sivagangai, Sivagangai District.
+1 CC to Mr.G.Justin, Advocate sr 25033.
+1 CC to Govt. Pleader sr 25179.
W.P.No. 4577 of 2018 RR(CO) SP(25/04/2019)