S. Rajadurai, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2018

CORAM:

THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.5841 of 2018 S.Rajadurai ... Petitioner Vs 1.The District Collector, Kancheepuram District.

2. The Tahsildar, Cheyyar Taluk, Kancheepuram District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 6.10.2016 as forwarded by the 1st respondent in Na.Ka.5360/2008/A8 dated 9.2.2017 for clarification and the petitioner's further representation dated 13.3.2017 seeking compassionate appointment and to dispose of the petitions within a time frame fixed by this Court.

For Petitioner :

Mr.D.Ponventhan For Respondents :

Mr.R.S.Selvam, Govt. Advocate

O R D E R

This Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 6.10.2016 as forwarded by the 1st respondent in Na.Ka.5360/2008/A8 dated 9.2.2017 for clarification and the petitioner's further representation dated 13.3.2017 seeking compassionate appointment and to dispose of both the petitions within a time frame fixed by this Court.

2.

Learned Counsel for the petitioner submitted that the petitioner is the son of late Subramaniyan who died on 16.9.2008 while serving as a Village Assistant at Perukkaranai Puthur Village of Cheyyur Taluk, Kancheepuram District. Immediately, his mother S.Sumathi had preferred a petition to the 1st respondent praying for employment on compassionate ground on 22.9.2009. But the said request was rejected by order dated 2.3.2015 by the District Collector, Kancheepuram for the reason that her name and date of birth are contradictory and the 5th Standard Education Certificate was not reliable. On the date of rejection, the petitioner was a minor, aged about 12 years. Therefore, he was not eligible to apply for job.

After coming to know the rejection of the earlier request, denying the request of the mother of the petitioner for compassionate appointment, the petitioner preferred a petition dated 22.6.2015 to the 1st respondent seeking a suitable appointment on compassionate ground. In that, a recommendation has been made on 9.2.2017 by the Tahsildar, Cheyyur Taluk, Kancheepuram, the 2nd respondent herein to the 1st respondent which is pending for consideration. Therefore, the petitioner sought for a direction to consider his representations dated 6.10.2016 and 13.03.2017.

3.

Mr.R.S.Selvam, learned Government Advocate taking notice for the respondent sought for six weeks time to consider the case of the petitioner by considering the proposal of the 2nd respondent dated 9.2.2017 sent on the representation of the petitioner dated 6.10.2016. 4.

Considering the limited prayer made in the Writ Petition and also taking into account the submission of the learned Government Advocate for the respondents, this Court directs the 1st respondent to consider the petitioner's representation dated 6.10.2016 which was forwarded by the 2nd respondent in his proposal dated 9.2.2017 and to dispose of the same on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this Order.

5.

The Writ Petition is disposed of accordingly. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar tsi

To 1.The District Collector, Kancheepuram District.

2. The Tahsildar, Cheyyar Taluk, Kancheepuram District.

+1 CC to Government Pleader, High Court, Chennai Sr.No.20088 +1 CC to Mr.Arunachalam Associates Sr.No.19604 W.P.No.5841 of 2018 PA(CO) KP(04/04/2018)