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Madras High CourtWP/18421/2016disposed of

K.Sathish Kumar, v. The Director,

2016-05-25Honourable Mr Justice M.V. Muralidaran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.05.2016

CORAM

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.18421 of 2016 K.Sathish Kumar ... Petitioner Vs.

1. The Director, O/o. Directorate of Municipalities, Kuralagam, Chennai 600 108.

2. The Assistant Director, O/o. Directorate of Municipalities, Sathuvachari, Vellore District.

3. The Executive Officer, Selection Grade Municipality, Sholinghur, Vellore 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 respondents to consider the petitioner's representation dated 20.04.2016 and thereby directing the respondents to appoint the petitioner in the respondents department in any one of the post according to his educational qualification under the Compassionate Ground without any delay. For Petitioner :

Mr.S.Kumaresan For R1 & R2 :

Ms.P.Kavitha, Government Advocate For R3 :

Mr.R.Govindasamy, Special Government Pleader

ORDER

Heard Mr.S.Kumaresan, learned counsel for the petitioner, Ms.P.Kavitha, learned Government Advocate,who took notice for respondents 1 and 2 and Mr.R.Govindasamy, learned Special Government Pleader, who took notice for the third respondent.

2. By consent of both the parties, the writ petition is taken up for final disposal at the time of admission itself.

3. The petitioner has filed this writ petition to direct the respondents to consider his representation dated 20.04.2016 and to appoint him in the respondents' department in any one of the posts according to his educational qualification on compassionate ground without any delay.

4. The case of the petitioner is that originally his father late L.Krishnamoorthy joined as Bill Collector in the year 1984 and subsequently, he was promoted as Clerk. Thereafter, while he was working as Executive Officer in the third respondent department, he died on 01.02.2012, leaving behind the following members as his legal heirs: (i)Maheswari (1st wife) (ii)Lalitha (2nd wife) (iii)Vasuki (daughter) (iv) Sudha (daughter) and (v)Sathish Kumar / petitioner (son). The petitioner has completed the degree of Bachelor of Engineering in the year 2011 and has also completed the degree of Master of Engineering in the year 2013. His father had two wives and both of them are living jointly with the petitioner herein.

His sisters, who got married, have been separately living with their respective family members and they have expressed no objection for providing employment to the petitioner herein. Hence, the petitioner made a representation dated 30.12.2013 seeking employment on compassionate ground to the first respondent through the second respondent. Thereafter, the third respondent by his proceedings dated 27.02.2015 addressed to the petitioner's mother to produce the required documents for taking appropriate action. Accordingly, the petitioner submitted all the documents sought for by the third respondent. Even after receipt of the same, no action has been taken by the respondents, which compelled the petitioner to submit various representations dated 08.04.2015, 03.09.2015 and 20.04.2016.

However, till date, no order has been passed by the respondents. Therefore, the petitioner has approached this Court with the present writ petition for the above stated relief.

5. Considering the limited scope of the relief sought for herein, without expressing any opinion with regard to the merits of the claim made by the petitioner, this Court directs the respondents to consider the petitioner's latest representation dated 20.04.2016 by affording an opportunity of personal hearing to the petitioner and pass appropriate orders, with regard to employment on compassionate ground to the petitioner, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. The writ petition is disposed of accordingly. No costs.

Sd/- Vacation Officer //True Copy// Sub Assistant Registrar rk To

1. The Director, O/o. Directorate of Municipalities, Kuralagam, Chennai 600 108.

2. The Assistant Director, O/o. Directorate of Municipalities, Sathuvachari, Vellore District.

3. The Executive Officer, Selection Grade Municipality, Sholinghur, Vellore District.

+1cc to Mr.S.Kumaresan, Advocate, S.R.No.28736 W.P.No.18421 of 2016 KS(CO) CA(31/05/2016)