V.Sivakumar, S/O.Verappan, v. The Government Of Tamilnadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH WRIT PETITION No.36592 OF 2016 V.Sivakumar ... Petitioner Vs.

1.

The Government of Tamil Nadu, rep. by its Secretary, Social Welfare & Nutritious Meal Programme Department, Fort St. George, Chennai 600 009.

The District Collector, Vellore, Vellore District.

The Commisssioner, Vellore Panchayat Union, Vellore District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the 2nd respondent to consider and pass orders on the petitioner's representation, dated 13.02.2016 regarding appointment of the petitioner as a Noon Meal Organizer under compassionate appointment in the light of G.O.Ms.No.198, Social Welfare and Nutritious Meal Scheme, dated 25.10.2007 and G.O.Ms.No.6 Social Welfare and Nutritious Meal Scheme, dated 22.01.2009.

For Petitioner :

Mr.V.Thirupathi For R1 & R2 :

Mr.K.Dhanajayan, Special Government Pleader For R3 :

Mr.P.Senthilvel

O R D E R

Seeking a direction to the 2nd respondent to consider and pass orders on his representation, dated 13.02.2016 regarding his appointment as a Noon Meal Organizer under compassionate

appointment in the light of G.O.Ms.No.198, Social Welfare and Nutritious Meal Scheme, dated 25.10.2007 and G.O.Ms.No.6 Social Welfare and Nutritious Meal Scheme, dated 22.01.2009, the petitioner has filed this Writ Petition.

According to the petitioner, his mother viz. Late Kalaiselvi, who was employed as a Noon Meal Organizer under the 3rd respondent Panchayat Union, died during her service, on 23.03.2012, leaving behind her husband viz. Veerappan, daughther viz. Chitra and son, i.e. the petitioner herein, as her legal heirs. Since his mother was the sole breadwinner of his family and that his father is suffering from various ailments and his sister is also married, the petitioner made a representation to the respondents on 17.04.2013 seeking appointment on compassionate grounds.

Pursuant to the order of the 3rd respondent vide proceedings dated 15.07.2015 calling upon him to obtain a 'No Objection Certificate' from his elder sister and his father, the petitioner obtained the same from them on 19.04.2013. Enclosing the said No Objection Certificate, the petitioner made a representation to the respondents on 12.03.2016 seeking compassionate appointment in the light of G.O.Ms.No.198, dated 25.10.2007. Pending consideration of the same, having no other alternative remedy, the petitioner has approached this Court. 4.

Learned counsel for the petitioner submitted that the petitioner's grievance would be redressed if a direction is given to the respondents to consider and pass appropriate orders on his representation.

5.

In view of the above, this Court directs the 2nd respondent herein to consider the petitioner's representation for compassionate appointment on merits and in accordance with law and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order. This Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar aeb

To:

1.

The Secretary to Government, Social Welfare & Nutritious Meal Programme Department, Government of Tamil Nadu, Fort St. George, Chennai 600 009.

The District Collector, Vellore, Vellore District.

The Commisssioner, Vellore Panchayat Union, Vellore District.

+1cc to the Government Pleader, S.R.No.62834 W.P.No.36592 of 2016 KS(CO) CA(29/11/2016)