B.Syed Kabeer Ahamed, v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2017

CORAM

THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN W.P. No. 2559 of 2017 Mr.B. Syed Kabeer Ahamed ..Petitioner Vs.

1.

The Director, 2.

The General Manager, 3.

The Secretary to Government, Metropolitan Transport Corporation Department, Fort St. George, Chennai - 600 009.

..Respondents Prayer:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing the respondent to give compassionate ground appointment in favour of the petitioner.

For Petitioner ::

Ms. N. Beulah John Selvaraj For Respondents ::

Mr.R.A.S. Senthilvel, Addl. Govt. Pleader

O R D E R

By consent, the main writ petition itself is taken up for final disposal.

2.

Mr.R.A.S.

Senthilvel, learned Additional Government Pleader accepts notice on behalf of the respondents. 3.

The petitioner would state that his father, namely, M. Baba, was employed as a Special Grade Liner, in Motor Vehicle Maintenance Depot, Velachery, Chennai, and he died in harness on 06.11.2011. The petitioner would further submit that subsequent to the demise of his father, his mother, namely, Mumtaj Begum died on 23.01.2012 and her parents left behind the petitioner, his sisters, by name, R. Shabonu, J. Aysa and

brothers, namely, B. Sabir, B. Mohamed Jaber, B. Syed Kapir Ahamed and B. Syed Karimulla as legal heirs. The petitioner submitted an application seeking compassionate ground appointment to the 1st respondent on 20.03.2014. Thereafter, a communication was sent by the 2nd respondent on 21.04.2016 calling upon the petitioner to furnish five documents and appear for personal enquiry and the petitioner has also submitted the documents sought and appeared for personal enquiry. The grievance expressed by the petitioner is so far, no orders have been passed, granting him the benefit of compassionate ground appointment.

He has submitted a representation to the Honourable Chief Minister's Grievance Cellon 27.12.2016. Since his grievance is yet to be addressed, came forward to file the present writ petition.

4.

Heard the learned counsel on either side.

5.

Though the petitioner prays for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner either in his representation or in the writ petition, permits the petitioner to make a representation to respondents 1 and 2 along with a copy of this order within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, respondents 1 and 2 are directed to consider the said representation, on merits and in accordance with law, within a further period of eight weeks thereafter and communicate the decision taken to the petitioner. The writ petition is disposed of accordingly. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar nv To 1.

The Director,

2.

The General Manager, 3.

The Secretary to Government, Metropolitan Transport Corporation Department, Fort St. George, Chennai - 600 009.

+1 cc to the Government Pleader High Court sr 7426 +1 cc to M/s.N.Beulah John Selvaraj, Advocate sr 6592 W.P. No. 2559 of 2017 ss(co) aa14/02/2017