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Madras High CourtWP/568/2015disposed of

R.Pravin Raj, v. State Of Tamil Nadu,

2015-02-18Honourable Mr Justice K.K. Sasidharan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2015

CORAM:

THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN Writ Petition No.568 of 2015 R.Pravin Raj

...Petitioner

Vs 1 State of Tamil Nadu Represented by its Secretary Department of State Transport Corporation Secretariat Chennai-9.

2 The Managing Director State Express Transport Corporation No.2, Thiruvalluvar House Pallavan Salai, Chennai- 2.

...Respondents

Petition filed under Article 226 of the Constitution of India for the issuance of writ of Mandamus directing the 2nd respondent to consider the representation of the petitioner dated 10.10.2014 and appoint the petitioner on compassionate ground in any appropriate job within a stipulated period.

For Petitioner : Mr.L.Jagasundaribalamurugan For Respondents : Mr.M.S.Ramesh, AGP for R1 Mr.P.Paramasivadoss for R2

O R D E R

The petitioner is the legal representative of Thiru K.Raman, who worked as Driver in the Tamil Nadu State Transport Corporation. The father of the petitioner died in 2003. The petitioner submitted an

application for compassionate appointment on 14.05.2013. Since there was no follow up action taken by the respondents, another representation was given on 11.11.2013. Finally, the petitioner submitted a representation on 10.10.2014, requesting the second respondent to consider his request for compassionate appointment. However, there was no follow up action taken by the second respondent, resulting in filing this Writ Petition.

2. The learned Standing Counsel for the Transport Corporation submitted that the representation dated 14.05.2013 is not available and as such the Corporation is not in a position to comment on the said representation.

3. The question as to whether the petitioner is eligible for compassionate appointment is an issue to be decided by the second respondent in accordance with the Regulations framed by the Transport Corporation.

4. The second respondent is directed to consider and dispose of the representation submitted by the petitioner dated 10.10.2014 on merits and as per law. In case the petitioner is in a position to prove that he has made an application on 14.5.2003, the said application also should be taken into account while deciding the matter. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

5. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar ajr To 1 The Secretary State of Tamil Nadu Department of State Transport Corporation Secretariat, Chennai-9.

2 The Managing Director State Express Transport Corporation No.2, Thiruvalluvar House Pallavan Salai, Chennai- 2.

1 CC to Mr.L.Jagasundari Balamurugan, Advocate SR.No. 8839 1 CC to the Government Pleader, SR.No. 9165 W.P.No.568 of 2015 KU (CO) PSI (05.03.2015)