N.Adhilakshmi v. The Director Of Social

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.10.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.31093 of 2015 N.Adhilakshmi ... Petitioner Vs.

1 The Director of Social Welfare Chepauk Chennai-5 2 The District Collector Krishnagiri District Krishnagiri 3 The Commissioner Uthangarai Panchayat Union Krishnagiri District ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to appoint petitioner in the post of Noon Meal Assistant (Cook) by considering petitioner application dated 14.5.2008 seeking appointment on compassionate ground within a reasonable time to be fixed by this Honourable court.

For Petitioner : Mr.C.Mahendran For Respondents : Mr.V.Subbiah for R1 and R2 Special Government Pleader Mr.R.Rajeswaran for R3 Special Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal. 2.The petitioner would state that her mother was employed as Cook in Noon-meal Scheme Centre at Mahanoorpatti Panchayat Union Elementary School and she died in harness on 05.07.2006 leaving behind the petitioner as her only legal heir. The petitioner after getting the legal heirship certificate on 04.08.2006, has applied for

compassionate ground appointment on 14.05.2008 and the second respondent in turn has sought clarification from the first respondent as to the entitlement of the petitioner who comes under the deserted woman category vide letter dated 09.12.2010. The second respondent has also called for further particulars vide memo dated 21.04.2011 from the petitioner and since no progress is taking place, the petitioner came forward to file this writ petition. 3.The learned counsel appearing for the petitioner would submit that since a clarification from the first respondent is awaited as to the claim of the petitioner to provide a compassionate ground appointment on being a deserted woman and that no response is forthcoming from the first respondent, she is suffering very much and hence prays for appropriate orders.

4.Heard the submissions of Mr.C.Mahendran, learned counsel appearing for the petitioner, Mr.V.Subbiah, learned Special Government Pleader who accepts notice on behalf of the respondents 1 and 2 and Mr.R.Rajeswaran, learned Special Government Pleader who accepts notice on behalf of the third respondent. 5.Though the petitioner prayed for a larger relief, this Court in the light of the above facts and circumstances, directs the first respondent to respond to the query/ clarification sought for by the second respondent vide his letter in Na.Ka.No.3841/09/X1 dated 09.12.2010, within a period of six weeks from the date of receipt of a copy of this order and the second respondent on receipt of the same is directed to consider the application submitted by the petitioner seeking compassionate ground appointment on the ground of being deserted woman in accordance with law and pass orders within a further period of six weeks thereafter and communicate the decision taken, to the petitioner. The writ petition is disposed of accordingly. No costs.

-Sd/- Assistant Registrar //True copy// Sub Assistant Registrar

pri To 1 The Director of Social Welfare Chepauk Chennai-5 2 The District Collector Krishnagiri District Krishnagiri 3 The Commissioner Uthangarai Panchayat Union Krishnagiri District +1 cc to Mr.C.Mahendran,Advocate(sr.53465) +1 cc to Government Pleader(sr.53691) W.P.No.31093 of 2015 SV(co) cp 09/10/2015