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Madras High CourtWP/12408/2021dismissed

Dhanalakshmi v. The District Collector

2022-04-13Honourable Mr Justice D. Krishnakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.4.2022

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.12408 of 2021 1 Dhanalakshmi ...

Petitioner Vs.

1 The District Collector, Collectorate Office, Kallakuruchi District.

2 The Revenue Divisional Officer, RDO Office, Kallakuruchi District.

3 The Tahsildar, Taluk Office, Chinna Salem, Kallakuruchi District.

...

Respondents Prayer :

Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the 1st Respondent to consider and dispose petitioner's representation dated 22/04/ 2021 requesting to appoint her younger son Anandhan for the post of Village Assistant at Village Administrative Office Pakkampadi Village Chinna Salem Kallakuruchi District on compassionate ground. For Petitioner : Mr.D.Thirumoorthy For Respondents : Mrs.P.Rajarajeswari, G.A.

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O R D E R

According to the petitioner, the petitioner is mother of the deceased Selvakumar who was working as Village Assistant at Village Administrative Office, Pakkampadi Village, Chinna Salem, Kallakurichi District. The deceased Selvakumar died on 12.9.2020 while in service. The deceased Selvakumar was unmarried, the petitioner and her two sons are the legal heirs of the deceased

Selvakumar. The petitioner made application to the respondents to consider for providing employment to her younger son Anandhan for the post of Village Assistant, Chinna Salem, Kallakurichi district on compassionate ground. The said application has not been considered by the respondents. Hence, the petitioner has filed the present writ petition before this Court.

2. The learned Government Advocate appearing for the respondents would submit that there is some dispute regarding obtaining legal heir certificate from the revenue department. According to the learned Government Advocate, the petitioner's younger son Anandhan has not submitted application and therefore, the present writ petition is not maintainable.

3. The learned counsel appearing for the petitioner would submit that as per the G.O., the legal heirs of the deceased employee shall submit application within a period of three years. Therefore, according to the petitioner, he will make necessary arrangements to submit application by the younger son of the petitioner, viz., Anandhan for providing employment on compassionate ground.

4. Considering the submissions made by the learned counsel appearing for the petitioner as well as the learned Government Advocate appearing for the respondents, liberty is granted to the petitioner's younger son Anandhan to make fresh application to the respondents seeking appointment on compassionate ground along with required documents. It is open to the respondents to consider the said application and the required documents are in order as per the Government order.

5. With the above observations, the writ petition stands dismissed. No costs.

Sd/- Assistant Registrar(CCC) // True Copy // Sub Assistant Registrar vaan To 1.The District Collector, Collectorate Office, Kallakuruchi District.

2.The Revenue Divisional Officer, RDO Office, Kallakuruchi District.

3.The Tahsildar, Taluk Office, Chinna Salem, Kallakuruchi District.

+1cc to M/s.S.P.Arthi, Advocate SR.No.26139 +1cc to the Government Pleader, SR.No.26541, 26552 W.P.No.12408 of 2021 KK(CO) CB(02/05/2022)