Madras High CourtWP/34984/2015disposed of

K.Vijayakumar, v. The Chief Engineer General,

2015-10-30Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30-10-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.34984 of 2015 K.Vijayakumar .. Petitioner vs 1.The Chief Engineer (General) Engineer in Chief, PWD Chepauk, Chennai 5 2.The Executive Engineer PWD, Upper Pennaiyar Basin Sub-Division Thiruvannamalai 3.The Assistant Executive Engineer PWD, Sathanoor Dam Sub-Division Sathanur Dam - 606 706 Thiruvannamalai District .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the first respondent to consider the claim of the petitioner for appointment on compassionate ground on the basis of the representation dated 19.3.2015.

For Petitioner : Mr.L.Chandrakumar For Respondents : Mr.S.Gunasekaran Government Advocate

ORDER

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

2.The petitioner would state that his father viz. Kumar, while working as a Casual Labourer/Nominal Muster Roll Employee, died in harness on 6.10.2002, and at that time, the petitioner was aged about 14 years and his mother made a request for compassionate ground appointment due to poor family circumstances, and it was returned stating that since the petitioner is aged about only 14 years, it will not be considered and subsequently, the services of his father came to be regularised through G.O.Ms.No.334, Public Works (C2) Department, dated 19.10.2007, consequent upon the completion of 10 years of service, and would further state that as a https://hcservices.ecourts.gov.in/hcservices/

consequence, there cannot be any impediment on the part of the respondents to consider his claim for giving appointment on compassionate ground, and he has also reached the age of majority, and hence, prays for appropriate orders. 3.Heard the submissions of Mr.L.Chandrakumar, learned Counsel appearing for the petitioner, and Mr.S.Gunasekaran, learned Government Advocate, who accepted notice on behalf of the respondents.

4.Though the petitioner prayed for a larger relief, this Court in the light of the above facts and circumstances, permits the petitioner to submit one more representation to the respondents by enclosing a copy of this order as well as copies of his earlier representation dated 18.11.2009, and the reminder dated 19.3.2015, within a period of two weeks from the date of receipt of a copy of this order, and the respondents, on receipt of the same, are directed to consider it on merits and in accordance with law and pass orders thereon within a period of eight weeks therefrom and communicate the decision taken, to the petitioner. The writ petition is disposed of accordingly. No costs.

sd/ ASSISTANT REGISTRAR(CS-III) /TRUE COPY/ SUB-ASSISTANT REGISTRAR To:

1.The Chief Engineer (General) Engineer in Chief, PWD Chepauk, Chennai 5 2.The Executive Engineer PWD, Upper Pennaiyar Basin Sub-Division Thiruvannamalai 3.The Assistant Executive Engineer PWD, Sathanoor Dam Sub-Division Sathanur Dam - 606 706 Thiruvannamalai District +1 CC to MR.L.Chandrakumar Advocate. SR.NO. 59613 +1 CC to Govt.Pleader. SR.NO. 60057 W.P.No.34984 of 2015 CO-SK JD 17/11/2015 https://hcservices.ecourts.gov.in/hcservices/