S.Gomathi v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2015

CORAM:

THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN Writ Petition No.19900 of 2015 S.Gomathi

...Petitioner

vs.

1.The Government of Tamil Nadu, rep. by Secretary to Government, Revenue Department, Fort St.George, Chennai - 600 009.

2.The Collector, Erode, Erode District.

3.The Tahsildar, Sathiamangalam, Erode District.

...Respondents

Petition filed under Article 226 of the Constitution of India for the issuance of writ of mandamus, directing the respondents to appoint the petitioner on compassionate grounds in any suitable job.

For Petitioner : Mr.P.Rajendran For Respondents :

Mr.V.Jayaprakash Narayanan Special Govt.Pleader

O R D E R

The petitioner's father was working as Village Assistant in Punjai Puliyampatti Village, Sathiyamangalam Taluk, Erode District. He was missing from 19.02.2001 and his whereabouts were not known. The Police gave a report dated 26.12.2008 stating that they were unable to trace the father of the petitioner.

2. Therefore, the mother of the petitioner filed O.S.No.57 of 2010 before the District Munsif Court, Sathiamangalam and she also filed CMP No.982 of 2014 before the Judicial Magistrate Court, Sathiamangalam to register the death of the petitioner's father since his whereabouts were not known for more than seven years and to issue death certificate.

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3. While so, the matter was referred to Lok Adalat held at Erode. The Lok Adalat passed an Award on 06.12.2014 directing the registration of the date of death of her father as 19.02.2008 and to issue death certificate.

4. In these circumstances, the petitioner claims compassionate appointment and the relevant records were also produced to the Tahsildar.

5. In view of the above, the writ petition is disposed of by directing the second respondent to consider the claim of the petitioner for compassionate appointment and pass orders on merits and in accordance with law and in the light of the facts set out above, within a period of 12 weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar svki To 1.The Secretary to Government, The Government of Tamil Nadu, Revenue Department, Fort St.George, Chennai - 600 009.

2.The Collector, Erode, Erode District.

3.The Tahsildar, Sathiamangalam, Erode District.

1 CC to Mr.P.Rajendran, Advocate SR.No. 33929 1 CC to the Government Pleader, SR.No. 34335 Writ Petition No.19900 of 2015 KM (CO) PSI (23.07.2015) https://hcservices.ecourts.gov.in/hcservices/