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Madras High CourtWP/23145/2019disposed of

J.Malarvizhi v. Indian Bank,

2025-04-29Honourable Ms Justice R.N.Manjula5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-04-2025

CORAM

THE HONOURABLE MS JUSTICE R.N.MANJULA

1. J.Malarvizhi W/o. Late. Sri. John Gonsalves, Uluthukuppai Main Road, S.S.Nallur Post, Mayuram Taluk, Nagapattinam District - 609118 Nagapattinam Petitioner(s) Vs

1. Indian Bank, Rep. by its Managing Director and CEO, Central Office, 264, Avvai Shanmugam Salai, Royapettah, Chennai - 600014Chennai 2.The General Manager (HRM), Indian Bank, Central Office, HRM Department, 264, Avvai Shanmugam Salai, Royapettah, Chennai - 600014 Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus to direct the respondents to consider the claim

of the Petitioner for compassionate appointment and provide her appointment as has been requested in her representations dated 29.01.2019 and 22.05.2019 within a time frame For Petitioner(s):

Mr.Ramesh, Sr.Counsel for M/S.V.Subramani For Respondent(s):

No appearance

ORDER

This writ petition has been filed to direct the respondents to consider the claim of the Petitioner for compassionate appointment and provide her appointment as requested in her representations dated 29.01.2019 and 22.05.2019 within a time frame

2. The petitioner's husband was a Ex-Service man who had joined the first respondent bank as Clerk / Cashier. After having put nearly 25 years of service the petitioner's husband died on 07.05.2018 while in service due to massive heart attack. The petitioner was married to her deceased husband as a second wife after he divorced his first wife through a decree of the Court obtained in D.O.P.No.35/2005 dated 01.08.2006. Through the first wife of the petitioner's husband there are two daughters and the first daughter had got married and settled with her husband and the second daughter has completed her Engineering Course and employed in a company.

3. The petitioner is having one male child aged 6 years. Due to sudden demise of her husband the petitioner was left at lurch. The petitioner has submitted an application for seeking compassionate appointment to the respondent on 29.01.2019 but so far it has not been considered and the petitioner did not know the status of her application. Hence, the present writ petition is filed seeking direction.

4. Despite notice serviced on the respondents, there is no appearance on their behalf. Unless the respondents make their appearance and state about the scheme, if any, with regard to compassionate appointment, it is not possible to analyse the merits of the petitioner's application in accordance with the scheme. As the respondents have not given any disposal to the petitioner's application and the petitioner is kept at dark, I feel it is appropriate to direct the respondents to pass orders on the representation of the petitioner.

5. In view of the same the writ petition is disposed and the respondents are directed consider the petitioner's representations dated 29.01.2019 and 22.05.2019 and pass orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. No costs. 29-04-2025 Index:Yes/No Speaking/Non-speaking order bkn

To 1.The Managing Director and CEO, Indian BankCentral Office, 264, Avvai Shanmugam Salai, Royapettah, Chennai - 600014Chennai 2.The General Manager (HRM), Indian Bank, Central Office, HRM Department, 264, Avvai Shanmugam Salai, Royapettah, Chennai - 600014

R.N.MANJULA J.

bkn 29-04-2025