S.Beemabai, v. The District Collector

IN THE HIGH COURT OF JUDICATURDE AT MADRAS

Dated: 09.02.2015 Coram The Honourable Mr.Justice K.K.SASIDHARAN W.P.No.34857 of 2014 S.Beemabai .. Petitioner vs.

1.The District Collector, Collectorate, Salem & District.

2.The General Manager, The Tamil Nadu State Transport Corporation Limited (Salem), Salem-7 3.The Branch Manager, Erumapalayam-II, The Tamil Nadu State Transport Corporation Limited(Salem), Salem-7 .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus, to direct the respondents to consider the petitioner's representation dated 9.12.2014 and to provide suitable employment to the petitioner either on the compassionate ground or statutory employment contemplated Rule 12(4) r/w Annexure-1 Sl.No.21(1) of the SC/St (POA) Rules, 1995. For Petitioner : Mr.P.Vijendran For respondent No.1 : Mr.M.S.Ramesh,A.G.P.

ORDER

The father of the petitioner was an employee of second respondent. While he was working as driver, he was murdered on 26.4.2014. The murder took place while he was driving the vehicle bearing No.TN.30-W-0452, which was plying from Veeranam to Valasiyur. The petitioner made an application for compassionate appointment on 9.12.2014.

It is the grievance of the petitioner that notwithstanding the statutory provision, that employment should be given to the heirs of victims, the second respondent has not considered the application on merits. Hence, the petitioner is before this Court.

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2. The second respondent is directed to consider and dispose of the application, dated 9.12.2014, on merits and in the light of Rule 12(4) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, read with Annexure-1. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order. It is needless to point out that the first respondent, who is the jurisdictional Collector should take up the matter with the second respondent for an early disposal of the matter.

3. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar msk To 1.The District Collector, Collectorate, Salem & District.

2.The General Manager, The Tamil Nadu State Transport Corporation Limited (Salem), Salem-7 3.The Branch Manager, Erumapalayam-II, The Tamil Nadu State Transport Corporation Limited(Salem), Salem-7 + 1 cc to the Government pleader Sr.6955 + 1 cc to Mr.P. Vijendran, Advocate Sr.6818 W.P.No.34857 of 2014 VD(CO) Eu 28.02.15 https://hcservices.ecourts.gov.in/hcservices/