M. Mohanavel v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 08.10.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.32020/2015 M.Mohanavel ..
Petitioner
Versus
1. The Government of Tamil Nadu, Represented by its Secretary to Higher Education, Fort St.George, Chennai - 600 009.
2. The Director of Collegiate Education, EVK Sampath Maligai, DPI, College Road, Chennai - 600 006.
3. The Joint Director of Collegiate Education, Coimbatore Region, Coimbatore.
4. CBM College, Represented by its Secretary, Coimbatore - 641 402.
..
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the 4th respondent to forward the proposal of the petitioner to the 3rd respondent for appointment on compassionate grounds as instructed in Proceedings N.K.No.3958/A2/2016 dt.19.8.2015 and consequently direct the 3rd respondent to approve the appointment. For Petitioner : Mr.R.Subramanian For Respondents : Mr.S.Gunasekaran [R1 to R3] Government Advocate
ORDER
By consent, the writ petition is taken up for final disposal. The petitioner would state that his father joined the services of the 4th respondent as an Office Assistant on 01.07.1983 and got promoted as Laboratory Assistant on 01.02.1989. While he was in service, he died in harness on 16.06.2005 due to cardiac arrest. At that point of time, the petitioner was doing his first year B.Com in the 4th respondent/College and he was aged about 20 years. It is stated by the petitioner that on account of the untimely demise of his father, his family has been left in lurch and therefore, he was unable to continue his studies and https://hcservices.ecourts.gov.in/hcservices/
discontinued the same and made a representation to the 4th respondent/College on 01.06.2006 to provide him with compassionate ground appointment and since no orders have been passed, the petitioner has been repeatedly submitting representations to the higher officials. The 3rd respondent has taken note of the same and directed the Secretary of the 4th respondent/College to take appropriate action on the request made by the petitioner for compassionate ground appointment, in the light of the Government Rules and the proceedings of the Director of Collegiate Education and since no orders have been passed, he came forward to file this writ petition.
Heard the learned counsel for the petitioner and Mr.S.Gunasekaran, learned Government Advocate, who accepts notice on behalf of the respondents 1 to 3.
Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances, directs the 4th respondent to act on the letter of the 3rd respondent dated 19.08.2015 made in Na.Ka.No.3958/E2/2015 and pass orders in accordance with law within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.
The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar AP To
1. The Secretary to Higher Education, The Government of Tamil Nadu, Fort St.George, Chennai - 600 009.
2. The Director of Collegiate Education, EVK Sampath Maligai, DPI, College Road, Chennai - 600 006.
3. The Joint Director of Collegiate Education, Coimbatore Region, Coimbatore.
1 cc to Government Pleader, Sr. 55130 W.P.No.32020/2015 SAI (CO) kk 20/10 https://hcservices.ecourts.gov.in/hcservices/