M.Suresh v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.09.2016
CORAM
THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.34359 of 2016 M.Suresh ... Petitioner Vs.
1 The Government of Tamil Nadu represented by the Secretary to Govt.
Adi Dravidar & Tribal Welfare Department Fort St. George, Chennai - 600 009.
2 The Collector Erode, Erode District.
3 The District Adi Dravidar and Tribal Welfare Officer, Erode, Erode District.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to appoint the petitioner on compassionate grounds in any suitable job. For Petitioner : Mr.P.Rajendran For Respondents : Mr.N.Srinivasan Additional Government Pleader
O R D E R
By consent, the writ petition is taken up for final disposal.
2.The present writ petition has been filed seeking a Mandamus directing the respondents to appoint the petitioner on compassionate grounds in any suitable job.
3.The petitioner would state that he is the adopted son of one Madhan who was working as Hostel Worker at Kuthialathur Government Tribal Residential Primary School, Basuvanapuram, Sathiamangalam Taluk, Erode District. The said Madhan died while in service on 26.04.2014 leaving behind his wife, daughter and son/ the petitioner. The petitioner's school records, ration card, aadhar card and all other documents show Madhan as the petitioner's father. The petitioner was given in adoption by his natural parents namely, Dhanraj and Geetha in accordance with the tribal rites and customs and was brought up by the adoptive parents Madhan and Rajammal. 4.The petitioner would further state that he has passed B.Com Degree (Computer Application) and he submitted application requesting for compassionate appointment with all relevant documents including the no objection letters from the other legal heirs. An enquiry was conducted by the Special Tahsildar (Adi Dravidar Welfare), Sathiamangalam on 04.05.2016 and proposals were submitted to the
District Adi Dravidar and Tribal Welfare Officer, Erode, but no orders have been passed. Hence, this petition.
5.Heard the submissions of the learned counsel appearing for the petitioner and the learned Additional Government Pleader who takes notice for the respondents.
6.Considering the submissions made on either side and without going into the merits of the same, this Court directs the petitioner to give a fresh representation to the second respondent, along with a copy of this order, within a period of two weeks from the date of receipt of a copy of this order and the second respondent on receipt of the said representation, shall consider the same, on merits and in accordance with law and pass appropriate orders, within a period of six weeks thereafter.
7.The writ petition is disposed of accordingly. No costs. 29.09.2016 pri Index: Yes / No Internet: Yes / No
R.SUBBIAH,J.
pri To 1 The Government of Tamil Nadu represented by the Secretary to Govt.
Adi Dravidar & Tribal Welfare Department Fort St. George, Chennai - 600 009.
2 The Collector Erode, Erode District.
3 The District Adi Dravidar and Tribal Welfare Officer, Erode, Erode District.
W.P.No.34359 of 2016 29.09.2016