N.Siddiq Basha, v. Tamil Nadu Uniformed Services
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date: 24.06.2019
CORAM
THE HON'BLE MR. JUSTICE V.PARTHIBAN Writ Petition No.24298 of 2018 N.Siddiq Basha
...Petitioner
Vs.
1. Tamil Nadu Uniformed Services Recruitment Board, Rep by its Member Secretary, Pantheon Road, Egmore, Chennai - 600 008.
2. The Director General of Police, D.G.P.Office Campus Building, 2nd Floor, Dr.Radhakrishnan Salai, Chennai - 600 004.
...Respondents
Writ Petition filed under Article 226 of Constitution of India, for issuance of writ of mandamus directing respondents herein to consider the appointment of the petitioner on Compassionate Grounds in view of the petitioner's application dated 26.01.2018 and representation dated 20.08.2018. For Petitioner : Mr.J.Ashok For Respondents : Mr.V.Kathirvelu, Special Government Pleader
ORDER
The relief sought for in the present writ petition is to direct the respondents herein to consider the appointment of the petitioner on Compassionate Grounds in view of the petitioner's application dated 26.01.2018 and representation dated 20.08.2018.
2. The petitioner's father was employed as Grade-I, Head Constable at Korattur Police Station, Chennai. While, in service, he died on 20.05.2016. On the death of his father, the petitioner herein has submitted an application on 26.01.2018 and also followed up by representation dated 20.08.2018, seeking to consider him for compassionate appointment. At the time, when his father died, he left behind petitioner's widowed mother and three sisters. It appears that all the sisters have been married and were living separately.
3. The petitioner has studied upto SSLC and has Diploma in Electronics and Communication Engineering. The family is unable to maintain their livelihood, in view of loss of the only bread winner of the family, namely, the father and petitioner being unemployed, the family is not able to make both ends meet. Therefore, an application was submitted seeking compassionate appointment, but, unfortunately, till date, no orders have been passed. Therefore, petitioner is before this Court for issuance of writ of mandamus.
4. Mr.V.Kathiravelu, learned Special Government Pleader takes notice on behalf of the respondents.
5. The prayer, as sought for in the writ petition is only to direct the respondents to dispose of the application submitted by the petitioner seeking compassionate appointment, this Court is of the view, that the counsel appearing for the respondents will have no legitimate objection for giving such direction as prayed for.
6. The respondents are therefore directed to consider the application of the petitioner seeking for compassionate appointment dated 26.01.2018 and also his representation made on 20.08.2018 and pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of receipt of copy of this Order.
7. While passing such order, the respondents also should take into consideration the indigent circumstances of the petitioner and his family and consider the claim sympathetically.
8. The writ petition is disposed of on the above terms. No costs.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mrm To
1. The Member Secretary, Tamil Nadu Uniformed Services Recruitment Board, Pantheon Road, Egmore, Chennai - 600 008.
2. The Director General of Police, D.G.P.Office Campus Building, 2nd Floor, Dr.Radhakrishnan Salai, Chennai - 600 004.
+1 cc to Mr.J.Ashok, Advocate, S.R.No.51629 W.P.No.24298 of 2018 NMI(CO) SSM(01/07/2019)