M. Rajendran v. The Assistant Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN And M.P.No.2 of 2014 M.Rajendran ... Petitioner Vs.

1.The Assistant Director, The District Land Survey Office, Kancheepuram District.

2.The Tahsildar, Madurantakam Taluk, Kancheepuram District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus call for the records relating to the proceedings of the respondent herein in Na.Ka.E4/1879/2010 dated 11.03.2010, quash the same and further issue direction directing the respondent herein to consider the petitioner's case for employment on compassionate ground in the wake of the death of his 1/4

father namely M.Masilamani, who worked as Land Surveyor in the second respondent Office.

For Petitioner : Mr.G.Magesh Kumar For Respondents : Mr.S.Thangavel Special Government Pleader

O R D E R

The petitioner has filed this writ petition seeking to quash the order dated 11.03.2010 passed by the first respondent and to direct the respondents to consider him for employment on compassionate grounds.

2.The learned counsel appearing for the petitioner submitted that the petitioner's father worked as Land Surveyor in the second respondent Office and died on 22.10.2004 while he was in service. The petitioner made representation dated 09.12.2004 to the respondents seeking employment on compassionate grounds, however, the impugned order has been passed, wherein, it is stated that the petitioner has made representation only on 09.12.2009.

3. On the other hand, the learned Special Government Pleader appearing for the respondents fairly submitted that the respondents 2/4

would consider the claim of the petitioner, in the light of the recent Government Order, if it was made within the stipulated time.

4. Admittedly, the petitioner has made representation seeking employment on compassionate grounds to the respondents on 09.12.2004, which is well within the limitation period. Hence, the impugned order dated 11.03.2010 is set aside and the matter is remitted back to the respondents for fresh consideration. The respondents shall pass appropriate orders, on merits and in accordance with law, as expeditiously as possible. 5.With the above direction, this writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

26.03.2021 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No 3/4

R.MAHADEVAN,J.

pri To 1.The Assistant Director, The District Land Survey Office, Kancheepuram District.

2.The Tahsildar, Madurantakam Taluk, Kancheepuram District.

And M.P.No.2 of 2014 26.03.2021 4/4