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Madras High CourtWP/34893/2015disposed of

N.Thulasiraman, v. The State Rep By

2015-10-30Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.10.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.34893 of 2015 N.Thulasiraman

...Petitioner

-Vs1 The State Rep by Secretary to Government Social Welfare Department Secretariat Chennai - 600 009.

2 The Director of Social Welfare Department of Social Welfare No.2 SIDCO, old Building TVK Industrial Estate, Guindy Chennai - 600 032.

3 The District Collector Vellore District 4 The Personal Assistant to the District Collector (Noon Meals) Collectorate Buildings, Vellore.

5 The Block Development Officer Arcot Block, Vellore District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st and 2nd respondent to consider the petitioner representation dated 20.08.2015 regarding to give appointment under compassionate ground for the post of noon meal organizer or any other suitable job subsequent death of petitioners father namely Nehru while he was in service.

For Petitioner : Mr.P.Murali For R1 to R4 : Mr. V.Subbiah Spl.G.P For R5 : Mr.P.Ravichandran AGP

O R D E R

By consent, this Writ Petition is taken up for final disposal.

2. The petitioner would state that his father has worked as a noon meal organizer of Anathangal Middle School, Arcot Taluk, Vellore District and he died in harness on 21.09.2012 leaving behind the petitioner, his mother and sister. The petitioner has applied for job on compassionate ground vide application dated 09.01.2014 by enclosing all necessary certificates and the 4th respondent vide proceedings dated 28.4.2014 forwarded the application along with service register of his father to the 3rd respondent. However, the 3rd respondent did not take any action. The petitioner in this regard has filed a writ petition in W.P.No.

30804 of 2014 praying for consideration of representation for providing him with compassionate ground appointment and this Court has directed the second respondent to consider and dispose of the petitioner's representation in accordance with law within a stipulated time and however, it has not been considered and 5th respondent vide letter dated 12.06.2015 has also informed the counsel appearing for the petitioner that after getting necessary permission from the Government, orders will be passed by the Collector based on which, he will be given appointment. Since nothing has been fructified so far, he has filed the present writ petition.

3. Heard the submissions of the learned counsel for the petitioner and Mr.V.Subbiah, learned Special Government Pleader, who accepts notice on behalf of R1 to R4 and Mr.R.Ravichandran, learned counsel, who accepts notice on behalf of R5.

4. Though the petitioner has prayed for a larger relief, this Court, in the light of the facts and circumstances of the case, directs respondents 1 and 3 to consider and dispose of the petitioner's representation dated 20.08.2015 on merits and in accordance with law and pass orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

5. This Writ Petition is disposed of accordingly. No costs. kua Sd/- Assistant Registrar (IV) /True Copy/ Sub-Assistant Registrar

To 1 The Secretary to Government Social Welfare Department Secretariat Chennai - 600 009.

2 The Director of Social Welfare Department of Social Welfare No.2 SIDCO old Building, TVK Industrial Estate, Guindy, Chennai - 600 032.

3 The District Collector Vellore District 4 The Personal Assistant to the District Collector (Noon Meals) Collectorate Buildings, Vellore.

5 The Block Development Officer Arcot Block, Vellore District.

+1 C.C. To Government Pleader in SR.NO.60055 W.P.No.34893 of 2015 SVI(CO) sd : 18/11/2015