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Madras High CourtWP/9496/2021disposed of

M.Arun v. Government Of Tamil Nadu

2024-03-18Honourable Ms Justice R.N.Manjula5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P. No.9496 of 2021 M.Arun ...

Petitioner Vs.

1.The Government of Tamil Nadu, Rep. by its Principal Secretary, Department of Handlooms, Handicrafts, Textiles and Khadi, Fort ST. George, Chennai - 600 009.

2. The Director of Sericulture, Aanaimedu, Salem - 636 001.

3. The Assistant Director, Department of Sericulture, Salem - 636 001.

4. The District Collector, Salem, Salem District.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the entire records connected with the impugned order of the 2nd Respondent passed in Na.KA.No.14842/pa.a.5/2020, dated 16.02.2021, quash the same, and

directing the respondents to consider the petitioner for appointment on compassionate ground and to pass orders thereon merits and in accordance with law within a time to be stipulated by this Court. For Petitioner :

Mr.P.Ganesan For Respondents :

Mr.T.Chezhiyan, Additional Government Pleader

ORDER

The petitioner has filed this Writ Petition challenging the order in Na.KA.No.14842/pa.a.5/2020, dated 16.02.2021 passed by the 2nd Respondent and for a consequential direction to the respondents to consider the petitioner for appointment on compassionate ground.

2. In fact, earlier the petitioner has filed a Writ Petition in W.P.No.34214 of 2018 against the respondents herein seeking direction against the 4th respondent to appoint the petitioner on compassionate ground as expeditiously as possible. In the said Writ Petition, the 4th respondent had filed a counter stating that the petitioner would get appointment as and when his turn comes. However, during the pendency of this Writ Petition, a rejection order had been passed on 16.02.2021 and the same was not brought to the knowledge of this Court either by the

petitioner or the respondents at the time when the orders were passed in W.P.No.34214 of 2018 on 30.08.2022. However, the petitioner had chosen to file another Writ Petition (present Writ Petition) challenging the order of rejection dated 16.02.2021.

3. However, the direction given by this Court in W.P.No.34214 of 2018, dated 30.08.2022 with regard to the appointment of the petitioner on compassionate ground as and when his turn comes, is still in force. Taking into consideration of the 4th respondent's counter, this Writ Petition is disposed off with the following direction:

The respondents are directed to consider the application of the petitioner for compassionate appointment in the light of the earlier order passed in W.P.No.34214 of 2018, without being influenced by the orders of rejection passed on 16.02.2021 and pass fresh orders in accordance with law and also in the light of the submission made by the 4th respondent in his counter which forms part of the order dated 30.08.2022 in

W.P.No.34214 of 2018, within a period of four weeks from the date of receipt of a copy of this order.

No costs.

18.03.2024 Index: Yes / No Speaking order / Non-speaking order vum To:

1. The Principal Secretary, Department of Handlooms, Handicrafts, Textiles and Khadi, Fort ST. George, Chennai - 600 009.

2. The Director of Sericulture, Aanaimedu, Salem - 636 001.

3. The Assistant Director, Department of Sericulture, Salem - 636 001.

4. The District Collector, Salem, Salem District.

R.N.MANJULA ,J.

vum

W.P. No.9496 of 2021 18.03.2024