G.Eswari v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :16.09.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.22297 of 2019 G. Eswari ..Petitioner vs The General Manager, Tamil Nadu State Transport Corporation, Villupuram Zonal Office, Vellore Rangapuram, Vellore- 9.

.. Respondent Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus or a writ or order or any other order or direction in the nature of the writ directing the respondent to consider and pass order on the petitioner's representation dated 31.07.2017 with regard to the compassionate appointment within a stipulated time as fixed by this Hon'ble Court and pass orders.

For Petitioner : Mr. Premkumar M For Respondent : Mr. A. Antony Arokiaraja

O R D E R

The petitioner has filed this Writ Petition seeking direction to the respondent to consider and pass order on the petitioner's representation dated 31.07.2017 with regard to the compassionate appointment within a stipulated time

2. The case of the petitioner is that the petitioner hails from a downtrodden family and the petitioner father died on 13.05.2002 while he was in service leaving behind the petitioner, her mother, two sisters and petitioner's father's second wife and her two daughters as his legal heirs. Since at the time of petitioner's father death, the petitioner was minor and she was not eligible to make application for compassionate appointment.

After attaining the age of majority, the petitioner made an application in the year 2017 for 1/3

compassionate appointment and based on this application, the petitioner was called for interview on 21.02.2017. At the time of interview, the petitioner could not submit the succession certificate and hence she was asked to submit by the respondent Corporation. Thereafter the petitioner submitted the succession certificate on 31.07.2017 with a letter requesting to give her appointment on compassionate grounds in the respondent Corporation but not received any response. Thereafter the petitioner sent an appeal dated 10.03.2019 to the respondent. The respondent Corporation issued a letter dated 23.03.2019 stating that she had been asked to submit the succession certificate on 21.02.2017 but the petitioner has submitted the succession certificate only on 31.07.2017, therefore her name would be considered only while filling the vacancies for the next time, as against this, the petitioner filed the present Writ Petition.

3. The learned counsel for the petitioner submitted that it would be suffice to issue direction to the respondent to consider the representation dated 31.07.2017 and pass orders on merits and in accordance with law.

4. Mr. A. Anthony Arockiaraja, appearing for the respondent conceded with the limited request made by the learned counsel for the petitioner.

5. Considering the above facts and circumstances and the limited request made by the petitioner, I am inclined to issue direction to the respondent to consider the representation dated 31.07.2017 and pass appropriate orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order. With the above direction, the Writ Petition is disposed of. No costs. Sd/- Asst.Registrar (Insp cell) /true copy/ Sub Asst. Registrar mrn 2/3

To The General Manager, Tamil Nadu State Transport Corporation, Villupuram Zonal Office, Vellore Rangapuram, Vellore- 9.

+1 cc to M/s.M.Prem kumar Advocate sr79776 +1 cc to M/s.A.Antony Arockiaraja Advocate sr80302 W.P.No.22297 of 2019 rp(co) aa05/11/2019 3/3