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Madras High CourtWP/32197/2015disposed of

P.Sarasu v. The Divisional Engineer

2015-10-09Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 09.10.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.32197/2015 1.P.Sarasu 2.P.Ramachanran ..

Petitioners

Versus

1.The Divisional Engineer, Highways Department, Villupuram District, Villupuram.

2.The Assistant Divisional Engineer, Highways Sub Division, Villupuram, Villupuram District.

..

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the respondents to appoint the 2nd petitioner on compassionate grounds in any suitable post to which he is eligible and found suitable.

For Petitioners : Mr.M.Gnanasekar For Respondents : Mr.N.Srinivasan, AGP

ORDER

By consent, the writ petition is taken up for final disposal.

The husband of the 1st petitioner was working as "Salai Paniyalar [Road Mazdoor]" in the office of the 2nd respondent and he died in harness on 19.06.2002 and his death was not registered with the Municipality. In pursuant to the Court orders, the death of the petitioner's husband was registered. The petitioner would state that the husband of the petitioner has left behind the petitioner and two sons, viz., Ramachandran and Rajeshkumar, who were aged about 16 years and 13 years respectively as on the year 2008. The petitioner submitted an application dated 23.06.2007 to the 2nd respondent, praying for appointment on compassionate ground and also furnished all the relevant documents and certificates. Since no progress took place, the petitioner made further representation dated 15.07.2014 followed by a https://hcservices.ecourts.gov.in/hcservices/

reminder dated 29.09.2014, stating among other things, her son has failed the Higher Secondary Course and studying Diploma in Electrical and Electronic Engineering [II year] and also stated that the jurisdictional Tahsildar has also issued a certificate stating that the family of the petitioner is in indigent circumstances. The grievance now expressed by the petitioner is that the 2nd respondent has not passed any orders on the request made by the petitioner seeking compassionate ground appointment and hence, came forward to file this writ petition.

Heard the learned counsel for the petitioner who would submit that that the family of the petitioner is in dire financial difficulty and therefore, the prayer sought for by the petitioner may be ordered.

Though the petitioner has prayed for a larger relief, this Court, in the light of the facts and circumstances, directs the 1st respondent to consider and dispose of the 1st petitioner's representations dated 15.07.2014 and 29.09.2014 on merits and in accordance with law and pass orders within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, by the petitioner.

The writ petition is disposed of accordingly. No costs.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar AP To 1.The Divisional Engineer, Highways Department, Villupuram District, Villupuram.

2.The Assistant Divisional Engineer, Highways Sub Division, Villupuram, Villupuram District.

+1 cc to Mr.M.Gnanasekar, Advocate, sr.55334 +1 cc to The Government Pleader, sr.55620 W.P.No.32197/2015 ug co kra 15/10 https://hcservices.ecourts.gov.in/hcservices/