Latha Imayavaramban v. The Chief Educational Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH Latha Imayavaramban

...Petitioner

Vs 1.The Chief Educational Officer, Salem, Salem District.

2.The District Education Officer, Salem Town, Salem District.

3.The Head Master, Government Boys Higher Secondary School, Jaari Kondalampatti, Salem District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to give employment to the petitioner's son Mr.Raghuldharan on compassionate ground in the 3rd respondent school/Government Boys Higher Secondary School, Jaari Kondalampatti, Salem District.

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For Petitioner : Mr.L.Ramanathan For Respondents : Mr.P.Baladhandayutham, Special Government Pleader

ORDER

With the consent of both the parties, this Writ Petition is taken up for final disposal.

2. The petitioner herein had given an application to the respondents in the year 2019, seeking compassionate appointment to her son. Since there was no progress, the petitioner has approached this Court by way of this Writ Petition.

3. It is needless to point out that whenever an application of this nature is made to a Statutory Authority, there is a duty cast upon them to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the application by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution 2/4

of the India and direct them to consider the application within a stipulated time.

4. In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's application dated Nil.11.2019, on its own merits and pass appropriate orders in accordance with law, within a period of three months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim made by the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

5. With the above direction, the Writ Petition stands disposed of. No costs.

26.06.2023 Index:Yes/No Speaking order/Non-speaking order hvk 3/4

M.S.RAMESH,J.

hvk To 1.The Chief Educational Officer, Salem, Salem District.

2.The District Education Officer, Salem Town, Salem District.

3.The Head Master, Government Boys Higher Secondary School, Jaari Kondalampatti, Salem District.

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