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Madras High CourtWP/15036/2021disposed of

P.Jaisankar v. The Principal Chief Engineer,

2021-07-22Honourable Mr Justice S.S. Sundar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR WP.No.15036/2021 [Video Conferencing] P.Jaisankar .. Petitioner Vs.

1. The Principal Chief Engineer Water Resources Department & the Chief Engineer [General] Chepauk, Chennai 600 005.

2. The Superintendent Engineer Water Resources Organisation, Pennaiyar, Basin Circle Thiruvannamalai - 606 603.

3. The Executive Engineer, Middle Pennaiyar, Basin Division

4. The Assistant Executive Engineer Middle Pennaiyar, Basin Division .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus directing the 1st respondent to consider the appeal dated 05.11.2020 of the petitioner and to appoint the petitioner to the post of Irrigation Assistant on compassionate grounds on merits and in accordance with law within the time frame as may be fixed by this Court.

For Petitioner :

Ms.M.Kamatchi Sundhari For M/s.Law Square For RR 1 to 4 :

Mr.C.Kathiravan Government Advocate

ORDER

1.

By consent, the writ petition is taken up for final disposal and disposed of by this order.

2.

Mr.C.kathiravan, learned Government Advocate accepts notice on behalf of respondents 1 to 4.

3.

The petitioner has filed the present writ petition seeking for a mandamus to direct the 1st respondent to consider the appeal dated 05.11.2020 of the petitioner and to appoint the petitioner to the post of Irrigation Assistant on compassionate grounds within a stipulated time frame. 4.

The case of the petitioner is that his father Tiru.Panjaami, was appointed as a Gardner on regular basis under the 3rd respondent during the year 1980 and his coworker Thiru.Kaali, also joined the services of respondents 3 and 4 during the year 1980 as a Gardner. It is the further case of the petitioner that his father died on 18.12.2004 while he was in service and so also Thiru.Kaali on 23.01.1997, leaving behind the respective legal heirs. The petitioner submitted an application to the 4th respondent seeking appointment on compassionate ground on 25.02.2005. The grievance of the petitioner is that while the application submitted by the son of the petitioner's father's co-worker, was favourably considered and he has been given compassionate appointment, the petitioner's application came to be rejected by the 3rd respondent on 16.03.2015. The petitioner further states that he had preferred an appeal before the 1st respondent on 05.11.2020 and since the said appeal has not been considered so far, the petitioner is constrained to approach this Court by filing the present writ petition.

5.

The learned counsel for the petitioner would submit that the petitioner will be satisfied if a direction is issued to the 1st respondent to consider and dispose of the appeal dated 05.11.2020 within a stipulated time frame. 6.

This Court heard the submissions of the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents and also perused the

materials placed before it.

7.

Considering the nature of prayer and the facts narrated in the affidavit filed in support of this writ petition and the limited scope of prayer now sought for by the learned counsel for the petitioner, this Court, without going into the merits of the claim projected by the petitioner either in his appeal or in this writ petition and without prejudice to the contentions of either parties, directs the 1st respondent to consider and dispose of the petitioner's appeal dated 05.11.2020 on merits and in accordance with law and pass orders within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner herein. 8.

The writ petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS-III) // True Copy// Sub Assistant Registrar AP To:

1. The Principal Chief Engineer Water Resources Department & the Chief Engineer [General] Chepauk, Chennai 600 005.

2. The Superintendent Engineer Water Resources Organisation, Pennaiyar, Basin Circle Thiruvannamalai - 606 603.

3. The Executive Engineer, Middle Pennaiyar, Basin Division

4. The Assistant Executive Engineer Middle Pennaiyar, Basin Sub-Division WP.No.15036/2021 SSD(CO) SU(17/08/2021)