Sabiya Banu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.5897 of 2022 Sabiya Banu ... Petitioner vs.

1. The District Collector, Salem District, Salem.

2. The Commissioner, Kolathur Panchayat Union, Kolathur, Salem District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the application of the petitioner dated 09.02.2022 and to appoint the petitioner in suitable post under the compassionate appointment. For Petitioner : Mr.K.A.Prabaharan For R1 : Mr.S.Prabhakaran Government Advocate For R2 : Mr.P.Balathandayutham Special Government Pleader

O R D E R

By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking to issue a Writ of Mandamus, directing the respondents to consider the

application of the petitioner dated 09.02.2022 and to appoint her in suitable post under the compassionate appointment.

3. The case of the petitioner in brief:

The petitioner's mother was working as a Cook in the Government Elementary School at Karungalur, Mettur Taluk, Salem and she died on 17.10.2019. After death of petitioner's mother, she gave representation in March 2020 to the first and second respondents, requesting them to give employment under compassionate ground. But, till date, no action is taken by the respondents. Hence this writ petition.

4. The learned Special Government Advocate appearing for the respondents submitted that, if the representation of the petitioner is in time and is filed along with necessary documents, the same would be considered and her name would be included in the seniority list.

He further submitted that,whenever vacancies are arising, the petitioner will be posted in the appropriate place.

5. Inview of the above submissions and also considering the limited scope of prayer, without expressing any opinion on merits, this court is inclined to pass the following order. i) The second respondent is directed to consider the application filed by the petitioner and inform the status of the same to her, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of at the admission stage itself. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar mst To

1. The District Collector, Salem District, Salem.

2. The Commissioner, Kolathur Panchayat Union, Kolathur, Salem District.

+1cc to Mr.V.Elangovan, Advocate, S.R.No.17701 +1cc to the Government Pleader, S.R.No.18160 W.P.No.5897 of 2022 AJS[co] NSK 04/04/2022