Thota Sravan Kumar v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.04.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU Thota Sravan Kumar ... Petitioner -vs1. The General Manager No.19, Nungambakkam High Road IV Lane, Chennai - 600 034 Tamil Nadu State.

2. The Senior Divisional Manager Branch Office - 1, Door No. 15/201 Kaveri Building, Brundavanam Nellore - 524 001

3. The Senior Divisional Manager Branch Officer - 2, Door No. 24/385 II Floor, Arya Towers, GNT Road Opp. KIMS Hospital, Dargamitta Nellore - 524 003 Andhra Pradesh State

4. The Manager The Regional Office 30-15-153, Floor No.3 Pavan Enclave, Daba Gardens Vishakapatnam-520 020 1/6

5. Mr. K.Sai Venkata Krishna S/o. Late Kedakoti Vemlateswari C/o. Madan Mohan A D. No. 1879-2241, A0Block Siri Gardens, Pedda Cherukkuru Nellore, SPSR Nellore District Andhra Pradesh - 524 002.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent to consider the representation of the Petitioner dated 20.02.2023 and consequently drop further action for considering Mr. K.Sai Venkata Krishna name under compassionate ground appointment pending criminal cases. For Petitioner :

Mr. M.A.Gouthaman For Respondents :

Mr. T.Shanmugham (R1 to R4)

O R D E R

Heard Mr. M.A.Gouthaman, Learned Counsel for the Petitioner and Mr. T.Shanmugham, Learned Counsel for the First to Fourth Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.

Having regard to the nature of order proposed to be passed in the matter which would not cause any prejudice to the Fifth Respondent, notice to him is dispensed with.

2/6

3.

The grievance ventilated by the Petitioner is that he had made the representation dated 20.02.2023 to the Respondents to not consider the name of the Fifth Respondent for appointment under compassionate grounds as criminal cases are pending against him, but as it did not evoke any response, he has filed this Writ Petition.

4.

Having regard to the limited scope of the relief sought in the Writ Petition, this Court without expressing any view on the merits of controversy involved, passes the following order:- (i) the concerned authority shall immediately examine the representation dated 20.02.2023 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed; (ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioner and the Fifth Respondent requiring the same to be furnished within a time frame of not less than 15 days for the same; (iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner, the Fifth Respondent and all other persons concerned to explain their respective positions in that regard; 3/6

(iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated to the concerned persons by 31.08.2023 under written acknowledgment; and (v) the report of such compliance shall be filed before the Registrar (Judicial) of this Court.

In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

19.04.2023 Maya Index: Yes/No Note: Issue order copy by 01.06.2023.

To

1. The General Manager No.19, Nungambakkam High Road IV Lane, Chennai - 600 034 Tamil Nadu State.

2. The Senior Divisional Manager Branch Office - 1, Door No. 15/201 Kaveri Building, Brundavanam Nellore - 524 001 4/6

3. The Senior Divisional Manager Branch Officer - 2, Door No. 24/385 II Floor, Arya Towers, GNT Road Opp. KIMS Hospital, Dargamitta Nellore - 524 003 Andhra Pradesh State

4. The Manager The Regional Office 30-15-153, Floor No.3 Pavan Enclave, Daba Gardens Vishakapatnam-520 020 Copy to The Registrar (Judicial), Madras High Court, Chennai - 600 104.

5/6

P.D. AUDIKESAVALU, J.

Maya 19.04.2023 6/6