N.Leemarose v. The Commissioner Of Municipal Administration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2025

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.23312 of 2023 N. Leemarose .. Petitioner

Versus

1. The Commissioner of Municipal Administration, No.78,Santhome High Road, Raja Annamalaipuram, Chennai 600 028.

2. The Commissioner, Kumbakonam Corporation, Corporation Office, Kumbakonam

...Respondents

Prayer: This petition is filed under article 226 of the constitution of India to issue a Writ of Mandamus directing the respondents to appoint the petitioner to any eligible post in the second respondent Corporation on compassionate grounds with all benefits arising therefore based on representations dated 13.03.2017 and 06.05.2023 and pass orders.

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For Petitioner : Mr.K. Sathish Kumar For Respondent-1 : Mr.V.P.R.Elamparithi Additional Government Pleader For Respondent-2 : Mr.P.Srinivas, Standing Counsel

ORDER

This petition is filed to issue a Writ of Mandamus directing the respondents to appoint the petitioner to any eligible post in the second respondent Corporation on compassionate grounds with all benefits arising therefore based on representations dated 13.03.2017 and 06.05.2023 and pass orders.

2. The facts of the case is that the petitioner is the wife of of one R.Stalin Josph Raj who died on 03.02.2017. The deceased worked in the Second Respondent Municipality on 30.09.1994 and he was terminated. Pursuant to which the deceased filed petition before the Labour Court and succeeded. Against which the respondents filed writ appeals. Pending writ appeal the said R.Stalin Josph Raj passed away. However after 3 decades the services of the said R.Stalin Josph Raj was 2/5

regularized on 30.08.2022. Thereafter, the petitioner made a representation before the second respondent seeking for compassionate appointment on 06.05.2023. However, there was no progress in the said representation. Hence, this petition.

3.The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the respondent to consider the petitioner's representation dated 06.05.2023 and pass orders. 4.The learned standing counsel appearing for the Respondents submitted that they will consider the case of the petitioner and take action in the manner known to law.

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the case, directs the respondent to consider the petitioner's representation dated 06.05.2023, and pass orders on 3/5

merits and in accordance with law, within a period of four months from the date of receipt of a copy of this order.

7. With the aforesaid direction, this Writ Petition stands disposed of. No costs.

21.02.2025 Speaking order : Yes/No Index : Yes/No smn To

1. The Commissioner of Municipal Administration, No.78,Santhome High Road, Raja Annamalaipuram, Chennai 600 028.

2. The Commissioner, Kumbakonam Corporation, Corporation Office,Kumbakonam 4/5

V.BHAVANI SUBBAROYAN, J.

smn W.P.No.23312 of 2023 21.02.2025 1/2 5/5