M.Farthima v. The Registrar General

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15/9/2015 C O R A M THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE K.K.SASIDHARAN W.P. No.23992 of 2015 & M.P.No.1 of 2015 M. Farthima

...Petitioner

Vs

1. The Registrar General High Court High Court Buildings Chennai 600 104.

2. The Principal District & Sessions Judge Erode District Erode 638 011.

3. The Judicial Magistrate No.1 Erode District Erode 638 011.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking for the issuance of a writ of mandamus to direct the respondents to appoint the petitioner on compassionate grounds in any suitable post to which she is eligible and found suitable on the basis of the petitioner representation dated 23/6/2015. For Petitioner :

Mr.M.Gnanasekar for Mr.G.Pavendhan For Respondents :

Mr.C.T.Mohan for R.2.

O R D E R

(delivered by SATISH K. AGNIHOTRI,J.,) With the consent of the parties, the writ petition is taken up for final disposal.

2. The facts of the case in a nutshell are that the petitioner, who is the wife of late S.Thangadurai, made an application for appointment on compassionate ground on account of death of her husband on 1 November, 2013, due to Jaundice, while working as Office Assistant in the Court of Judicial Magistrate No.I, Erode. The petitioner made a representation to the respondents on 23 June, 2015, enclosing the relevant documents, for appointment on compassionate ground. But, till date, no decision is taken. Hence, the instant writ petition for a direction to the respondents to consider the petitioner's representation dated 23 June, 2015.

3. Without going into the merits of the case, the Principal District & Sessions Judge, Erode District/second respondent is directed to consider the case of the petitioner afresh on the basis of the present social status, financial status and other relevant requirements for grant of appointment on compassionate ground and pass an appropriate order, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

4. The writ petition stands disposed of with the above direction. Costs made easy. Connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar mvs.

To

1. The Registrar General High Court High Court Buildings Chennai 600 104.

2. The Principal District & Sessions Judge Erode District Erode 638 011.

3. The Judicial Magistrate No.1 Erode District Erode 638 011.

4. -Do- Through The Chief Judicial Magistrate, Erode.

1 CC to Mr.G.Pavendhan, Advocate SR.No. 50417 W.P. No.23992 of 2015 SKV (CO) PSI (05.10.2015)