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Madras High CourtWP/9405/2025disposed of

P.Sowmya @ Devi Priya v. Additional Chief Secretary To Government

2025-04-03Honourable Mr Justice C.V. Karthikeyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE C.V. KARTHIKEYAN W.P.No.9405 of 2025 And W.M.P.No.10559 of 2025 P.Sowmya @ Devi Priya ... Petitioner Vs.

1.Additional Chief Secretary to Government, Labour Welfare and Skill Development Department, Chennai - 600 009.

2.Government of Tamil Nadu, Rep. by its the Deputy Secretary to Government, Personnel and Administrative Reforms Department, Secretariat, Chennai - 600 009.

3.Joint Director of School Education, P.A.K.Valagam, College Road, Nungambakkam, Chennai - 600 006.

4.Chief Educational Officer, Virupakshipuram, Dharmapuri - 636 701.

5.Government High School, Santhapatti, Pappireddipatti Taluk, Dharmapuri - 636 903.

... Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the

respondents No.1 to 3 to consider the recommendation dated 15.09.2021 submitted by the fourth respondent and to issue appointment on compassionate ground in terms of the Rules relating to the Compassionable Appointment, G.O.(Ms) No.33, Labour Welfare and Skill Development (Q1) Department dated 08.03.2023 by granting necessary relaxation in terms of Clause 17.

For Petitioner : Mr.K.Srinivasa Murthy For Respondents 1 & 2 : Mr.V.Nanmaran, Additional Government Pleader For Respondents 3 to 5 : Mrs.S.Mythreye Chandru, Special Government Pleader

ORDER

The writ petition has been filed in the nature of mandamus seeking a direction against the respondents particularly the third respondent to consider the representation dated 15.09.2021 forwarded by the fourth respondent. The petitioner seeks that the petitioner may be appointed on compassionate grounds in accordance with the rules relating to Compassionate Appointment in GO.Ms.No.33, Labour, Welfare and Skill Development (Q1) Department dated 08.03.2023. The petitioner also seeks that the relaxation may be granted in terms of clause 17 of the aforementioned Government Order.

2. In the affidavit filed in support of this writ petition, it had been stated that the father of the writ petitioner, K.Palanivel was an office assistant in the fifth respondent school. The mother of the petitioner had earlier died on 06.02.2009. The father also died on 06.06.2010. the petitioner and her younger brother were left as orphans. The petitioner had made an application within a period of three years from the date of death of her father / on 20.05.2013 seeking appointment in the respondent. The fourth respondent had forwarded his comments on 15.09.2021 recommending that a post commensurate with educational qualifications of the petitioner may be granted. This representation is pending on the file of the third respondent.

3. On 20.03.2025, this Court had directed the third and fourth respondents to file an affidavit regarding the status of the recommendation dated 15.09.2021.

4. It is however contended that necessary orders would be passed within a reasonable period of time.

5. The third respondent is directed to examine the entire records submitted by the petitioner and also the circumstances in which the petitioner and her younger brother are placed having lost both their parents and completely dependent on their grandfather. The third respondent may also consider the recommendation given by the fourth respondent in proper manner. It may be examined whether the petitioner who is now aged 26 years can be granted any post commensurate with her educational qualification and if she is qualified to the post of Junior Assistant. Let necessary orders in this regard be passed on or before 17.04.2025.

6. The writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed. To ensure compliance, list the matter once again on 21.04.2025.

03.04.2025 nl Index : Yes /No Internet : Yes/No Speaking Order : Yes / No

To 1.The Additional Chief Secretary to Government, Labour Welfare and Skill Development Department, Chennai - 600 009.

2.The Deputy Secretary to Government, Personnel and Administrative Reforms Department, Secretariat, Chennai - 600 009.

3.The Joint Director of School Education, P.A.K.Valagam, College Road, Nungambakkam, Chennai - 600 006.

4.The Chief Educational Officer, Virupakshipuram, Dharmapuri - 636 701.

5.The Government High School, Santhapatti, Pappireddipatti Taluk, Dharmapuri - 636 903.

C.V.KARTHIKEYAN, J.

nl W.P.No.9405 of 2025 and W.M.P.No.10559 of 2025 03.04.2025