R.Krishnakumar v. The Chief Educational Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2015

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.35862 of 2015 R.Krishnakumar ..Petitioner Vs.

1. The Chief Educational Officer, Coimbatore District, Coimbatore.

2. The District Elementary Education Officer, Coimbatore District, Coimbatore.

3. The Assistant Elementary Educational Officer, Sulur, Coimbatore District.

.. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the respondents 1 and 2 to consider the petitioner's representation dated 17.06.2013 and the application dated 10.05.2014 for appointment on compassionate ground in the respondent department. For Petitioner : Mr.P.Nethaji For Respondents: Mr.V.Jayaprakash Narayanan Special Govt. Pleader

ORDER

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

2. The case of the petitioner is that his father, who was working as Secondary Grade Teacher at Panchayat Union Elementary School, Sedungunthaali died in harness on 30.07.1993 leaving behind the petitioner, his mother Subbammal, wife Ramaathaal and two daughters viz., Jothimani and Kavitha.

3. The petitioner would state that at the time of death of his father, he was five years old and his sisters Jothimani and Kavitha were 18 years and 12 years old respectively. His elder sister Jothimani submitted an application on 13.06.1995 to the respondents seeking compassionate appointment. But, the respondents did not take any action on the said application immediately and rejected it in the year 2013 stating that she completed the age of 40 years.

4. The petitioner would further allege that he was five years old in the year 1993 and after rejection of his sister's application, he submitted a representation dated 17.06.2013 to the first respondent seeking compassionate employment and also sent an application on 10.05.2014 to the third respondent. But, so far, no action has been taken by the respondents. Hence, the present writ petition.

5. Heard the submission of Mr.P.Nethaji, learned counsel appearing for the petitioner and Mr.V.Jayaprakash Narayanan, learned Special Government Pleader appearing for the respondents.

6. Though the petitioner, prayed for a larger relief, this Court, in the light of the facts and circumstances and without going into the merits of the case, directs the respondents 1 and 2 to consider the petitioner's representation dated 17.06.2013 and the application dated 10.5.2014 and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken by them to the petitioner.

7. This writ petition is disposed of accordingly. No costs. Cla Sd/- Assistant Registrar (CCC) /True Copy/ Sub-Assistant Registrar To

1. The Chief Educational Officer, Coimbatore District, Coimbatore

2. The District Elementary Education Officer, Coimbatore District, Coimbatore

3. The Assistant Elementary Educational Officer, Sulur, Coimbatore District.

+1 C.C. To The Government Pleader in SR.NO.62944 +1 C.C. To MR.P.Nethaji, Advocate in SR.NO.63346 W.P.No.35862 of 2015 PA(CO) sd : 09/12/2015