P.Kaviarasan v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.08.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH P.Kaviarasan S/o.S.Porchezian ... Petitioner Vs.

1.The Director, O/o.Directorate of Medical Education, 162, Periyar E.V.R. High Road, Kilpauk, Chennai - 600 010.

2.The Director, O/o.Institute of Mental Health, Medavakkam Tank Road, Kilpauk, Chennai - 600 010.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus seeking a direction to consider the representation dated 01.06.2024 submitted to the respondents pertaining to compassionate appointment.

For Petitioner : Ms.Malarvizhi Udayakumar For Respondents : Mr.M.Bindran, Additional Government Pleader *****

O R D E R

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This writ petition has been filed seeking issuance of a writ of mandamus directing respondents to consider the petitioner's representation dated 01.06.2024, wherein the petitioner has sought for compassionate appointment.

2. Heard Ms.Malarvizhi Udayakumar, learned counsel for petitioner and Mr.M.Bindran, learned Additional Government Pleader appearing for respondents.

3. The case of the petitioner is that his father was working as Second Class Male Attender in Kilpauk Medical College Hospital and he died on 07.05.2021 due to corona infection. After the demise of his father, the petitioner applied for compassionate appointment on 08.01.2022 and again on 20.01.2022, within a period of eight months from the date of expiry of his father. The letter submitted by the petitioner was forwarded by the second respondent to the first respondent on 14.04.2022. The petitioner also claims that he has submitted all the relevant documents requested by the respondents. The further case of the petitioner is that there are two sisters elder to him and both of them have 2/4

given no objection to enable the petitioner to get compassionate appointment. The grievance of the petitioner is that there was absolutely no response from the respondents. Left with no other option, the petitioner has filed the present petition.

4. Taking into consideration the facts and circumstances of the case and the limited relief sought for by the petitioner, there shall be a direction to the first respondent to consider the petitioner's representation dated 01.06.2024 and deal with the same on its own merits and in accordance with law and the relevant rules and take a decision within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5. The petitioner is directed to submit a fresh representation to the first respondent along with all the relevant documents and also a copy of this order.

N.ANAND VENKATESH, J 3/4

gm This writ petition is disposed of with the above direction. No costs.

16.08.2024 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Director, O/o.Directorate of Medical Education, 162, Periyar E.V.R. High Road, Kilpauk, Chennai - 600 010.

2.The Director, O/o.Institute of Mental Health, Medavakkam Tank Road, Kilpauk, Chennai - 600 010.

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