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Madras High CourtWP/21631/2015disposed of

G.Krishnamurthy v. The Chief Secretary/ Special

2015-07-20Honourable Mr Justice D. Hariparanthaman3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2015

CORAM

THE HONOURABLE MR.JUSTICE D. HARIPARANTHAMAN W.P.No.21631 of 2015 G.Krishnamurthy .. Petitioner Vs.

1. The Chief Secretary/ Special Commissioner, Social Welfare and Nutrition Meal Programme (Sa.U.Thi-2) Department, Government of Tamil Nadu, Fort St. George Chennai - 600 009.

[In view of the endorsement made by the learned counsel for the petitioner on 20.07.2015 in the bundle, the first respondent is deleted in the cause title]

2. The Director and Directorate of Social Defence, Integrated Child Development Services Scheme, Government of Tamil Nadu, Tharamani, Chennai - 600 113.

3. The District Collector, Salem District, Collectorate, Salem-636 001.

4. The District Development Officer, Integrated Child Development Services Scheme, Collectorate, Salem-636 001.

.. Respondents Prayer:

Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 pass appropriate orders including the

relaxation of the conditions for the appointment of the petitioner, as the Noon Meal Organizer, for the respondents 3 and 4, by considering the report made by the 3rd respondent in his Rc.No.936/A2/2009, dated 09.01.2015, to the second respondent, and complete the process of appointment of the petitioner on compassionate grounds within a time frame as may be fixed by this Court.

For Petitioner :

Mr.S.Subbiah For Respondents:

Mr.V.Jayaprakash Narayanan, Special Government Pleader

ORDER

The mother of the petitioner was working as a Noon Meal Organizer in Nanjampatti Anganvadi, Salem Division - II in Salem District. While so, she died on 30.09.2008 leaving behind the father of the petitioner, the petitioner and his brother. The petitioner made a claim for an appointment on compassionate ground and he enclosed all the necessary certificates and also No Objection Certificate from his brother to claim appointment on compassionate ground.

2. The fourth respondent sent a proposal dated 06.07.2009 to the third respondent to provide appointment to the petitioner on compassionate ground. In turn, the third respondent sent a proposal in Na.Ka.No.936/A2/2009, dated 09.01.2015 to the second respondent. Now, the grievance of the petitioner is that no order is passed by second respondent based on the aforesaid proposal sent by the third respondent. Hence, this writ petition.

3. In the said circumstances, the Writ Petition is disposed of, directing the second respondent, namely the Director, ICDS Scheme, to pass orders on the aforesaid proposal of the third respondent, namely District Collector, Salem, with regard to providing appointment to the petitioner on compassionate ground on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To

1. The Director and Directorate of Social Defence, Integrated Child Development Services Scheme, Government of Tamil Nadu, Tharamani, Chennai - 600 113.

2. The District Collector, Salem District, Collectorate, Salem-636 001.

3. The District Development Officer, Integrated Child Development Services Scheme, Collectorate, Salem-636 001.

+1cc to Mr.S. Subbiah, Advocate, S.R.No.36970 +1cc to the Government Pleader, S.R.No.36667 BUR(CO) EU(03/08/2015) W.P.No.21631 of 2015