S.Suresh, v. The Executive Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2015 CORAM :

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.37266 of 2015 S.Suresh ... Petitioner Vs 1.The Executive Director, South Zonal - Food Corporation of India, No.3, Haddows Road, Chennai - 600 006.

2.The General Manager, Food Corporation of India, District Office, No.8, Sathiyamoorthi Salai, Chetpet, Chennai - 600 031.

3.The Area Manager, Food Corporation of India, District Office, No.8, Sathiyamoorthi Salai, Chetpet, Chennai - 600 031.

4.The Depot Incharge, Food Corporation of India, Food Storage Department.

Avadi, Chennai - 600 072.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India for issue of writ of Mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 25.04.2013 to provide the employment on the basis of compassionate grounds appointment to the petitioner.

For Petitioner : Mr.K.Jayaraman For Respondents : Mr.S.Vijayakumar for R1 Mr.A.Kalaivanan for R2 to R4.

O R D E R

By consent, this writ petition is taken up for disposal at the admission stage itself.

2. This writ petition has been filed seeking writ of mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 25.04.2013 to provide the employment on the basis of compassionate grounds.

3. The case of the petitioner is that his father Mr.Subramani was working as a Head Watchman in the 4th respondent's office and died on 23.06.2012 while he was in service. Hence, the petitioner made an application before the 3rd respondent on 25.04.2013 seeking employment on compassionate grounds. The petitioner would further submit that the 3rd respondent has conducted enquiry on 12.02.2014 calling upon all the persons in the Tamil Nadu Region and verified the records except the petitioner who application was neither rejected nor had he be given any appointment. It is further alleged that the respondent Management has provided several appointments on compassionate grounds in the southern region, especially in Tamil Nadu. Since the petitioner's case was not considered, he has come up with the present writ petition.

3. Heard Mr.K.Jayaraman, learned counsel appearing for the petitioner, Mr.S.Vijayakumar, learned counsel appearing for the 1st respondent and Mr.A.Kalivanan, who accepts notice on behalf of the respondents 2 to 4.

4. 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 1st respondent to consider the petitioner's representation dated 25.04.2013 to provide the employment on the basis of compassionate grounds and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

5. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar rgr To 1.The Executive Director, South Zonal - Food Corporation of India, No.3, Haddows Road, Chennai - 600 006.

2.The General Manager, Food Corporation of India, District Office, No.8, Sathiyamoorthi Salai, Chetpet, Chennai - 600 031.

3.The Area Manager, Food Corporation of India, District Office, No.8, Sathiyamoorthi Salai, Chetpet, Chennai - 600 031.

4.The Depot Incharge, Food Corporation of India, Food Storage Department.

Avadi, Chennai - 600 072.

+1cc to Mr.S.Vijayakumar, Advocate, S.R.No.67756 + 1 cc to Mr.K.Jayaraman, Advocate Sr 68203. (11/1/16) W.P.No.37266 of 2015 SV(CO) CA(05/01/2016)