N.Chandra v. The Branch Manager,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2019

CORAM

THE HONOURABLE MR.JUSTICE M. DHANDAPANI W.P.No.18453 of 2019 N.Chandra

...Petitioner

.Vs.

The Branch Manager, Central Bank of India, Cuddalore Branch, Cuddalore District.

...Respondent

Prayer: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the respondent herein to consider the representation of the petitioner herein dated 15.03.2011 and 10.11.2016 forthwith. For Petitioner : Mr.R.Arasu Ganesan For Respondents : No Appearance

O R D E R

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

2.

The case of the petitioner is that the petitioner's husband was working in the respondent bank in Cuddalore Branch as Clerk and while he was in service, died due to harness on 17.01.2011, leaving behind the petitioner and his three sons. After the death of the petitioner's husband, the entire family was struggling to meet out the expenses and other commitments. The petitioner in this regard has made a representation dated 15.03.2011 seeking for appointment on compassionate appointment for her elder son Kumaran. As her two younger sons were studying, they have also given No objection certificate to the respondent to give employment to their eldest brother. Further, the petitioner submitted a representation for settlement of Exgratia amount dated 10.11.2016. The grievance now expressed by the petitioner is that thereafter, no response is forthcoming as to her request for appointment on compassionate ground to his son and hence, she came forward to file this writ petition. https://hcservices.ecourts.gov.in/hcservices/

3.

The learned counsel further submitted that it would suffice, if a direction is issued to the respondent to consider the representations of the petitioner's dated 15.03.2011 and 10.11.2016 and pass orders, within a stipulated time fixed by this Court.

4. Heard the submission of both sides.

5. A perusal of the entire records would show that the petitioner's husband died way back in the year 2011 and immediately, after his demise, the petitioner had submitted a representation dated 15.03.2011 seeking for compassionate appointment for her elder son and further representation was submitted on 10.11.2016 only for non-payment of Ex-gratia Amount due to the petitioner. Since the representation was submitted during the year 2011 and no acknowledgement is annexed, this Court is not inclined to issue a direction to the respondent to consider the representation of the petitioner. The petitioner is directed to make a detailed representation to the respondent through Registered post with acknowledgement due, within a period of four weeks from the date of receipt of copy of this order and the respondent on receipt of the said representation, shall consider and pass orders in accordance with law within a period of twelve weeks thereafter.

6.With the above direction, this writ petition stands disposed of. No costs.

-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar rka To.

The Branch Manager, Central Bank of India, Cuddalore Branch, Cuddalore District.

W.P.No.18453 of 2019 EV(CO) SP(27/12/2019) https://hcservices.ecourts.gov.in/hcservices/