Suganthi, v. Tamilnadu State Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21-06-2016 Coram THE HON'BLE MR. JUSTICE B. RAJENDRAN Writ Petition No.20901 of 2016 Suganthi .. Petitioner Vs.

1.Tamilnadu State Transport rep. by its Managing Director Salamedu Vazhuthareddy Villupuram.

2.The General Manager Tamil Nadu State Transport Rangapuram Vellore-632 009.

.. Respondents Writ Petition filed under Article 226 of the constitution of India to issue a Writ of Mandamus, to direct the respondents 1 and 2 to provide forthwith compassionate appointment forthwith to her eldest/first daughter Selvi. Abinaya in commensurate with her educational qualification, award costs.

For Petitioner :

Mr.V.Ajoy Khose For Respondents :

Mr.S.Sairaman Standing Counsel

O R D E R

By consent, the Writ Petition is taken up and disposed of at the admission stage itself.

2. This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents to provide forthwith compassionate appointment forthwith to her eldest/first daughter Selvi. Abinaya in commensurate with her educational qualification, award costs.

3. The husband of the petitioner was working as a Driver in Vellore region of the 1st respondent Corporation, from 13.04.1988. While he was on duty, the bus driven by him met with an accident, near Neyveli, on 21.06.2000. After the said accident, he became disabled and unfit for the said post. The petitioner's husband sent a

notice to the respondents, on 06.10.2003, requesting to provide him alternative employment as well as compensation. But, the respondents did not come forward for any settlement. Thereafter, the petitioner's husband filed an Industrial Dispute in I.D.No.133 of 2005 before the Principal Labour Court, Vellore. During the pendency of the Industrial Dispute, the petitioner's husband died, leaving behind her and three daughters as legal heirs. The petitioner has made a representation on 15.03.2016, seeking to provide compassionate appointment to any one of her daughters. Since, the same was not considered, the petitioner has filed the present Writ Petition.

4. Mr.V.Ajoy Khose, the learned counsel for the petitioner would submit that the petitioner would be satisfied, if her representation, dated 15.03.2016, is directed to be considered by the 2nd respondent and appropriate orders are passed.

5. Mr.S.Sairaman, the learned Standing Counsel, who takes notice on behalf of the respondents, has got no serious objection in directing the 2nd respondent to consider the representation of the petitioner and to pass appropriate orders, on merits and in accordance with law.

6. Considering the above submissions, this Court, without going into the merits of the claim made by the petitioner, directs the 2nd respondent to consider the representation of the petitioner, dated 15.03.2016, and pass appropriate orders, on merits and in accordance with law, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim made by the petitioner.

7. The Writ Petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar To 1.The Managing Director Tamilnadu State Transport rep. by its Managing Director Salamedu Vazhuthareddy Villupuram.

2.The General Manager Tamil Nadu State Transport Rangapuram Vellore-632 009.

+1 cc to Mr.S.Sairaman, Advocate, SR.34025.

pa(co) krd 13/7 W.P.No.20901 of 2016