K.Vinoth v. The Executive Director (Sez)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.02.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.No.27393 of 2021 K.Vinoth ... Petitioner Vs.
1.The Executive Director (SZ), Food Corporation of India, Zonal Office, Chennai 600 006.
2.The General Manager (TN), Food Corporation of India, Regional Office, Chennai 31.
3.The Area Manager, Food Corporation of India, District Office, F.S.D.Complex, Chennai Salai, Sevur Village, Katpadi Taluk, Vellore 632 106.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents herein to provide compassionate appointment to the petitioner in pursuant to the death of his father namely C.Kamaraj who was working as Head Page No.1 of 6
Watchman at the third respondent office in the light of the petitioner's representation dated 13.08.2021 within a stipulated period as may be fixed by this Court.
For Petitioner : Mr.L.P.Balajiram For Respondents : Mr.Su.Srinivasan for R3 No appearance for R1 & R2
ORDER
This Writ Petition has been filed seeking issuance of a Writ of Mandamus, to direct the respondents herein to provide compassionate appointment to the petitioner in pursuant to the death of his father namely C.Kamaraj who was working as a Head Watchman at the third respondent office in the light of the petitioner's representation dated 13.08.2021 within a stipulated period as may be fixed by this Court.
2. Heard Mr.L.P.Balajiram, learned counsel for the petitioner and Mr.Su.Srinivasan, learned counsel for R3.
3. The petitioner's father worked as a Head Watchman in the third respondent office and died on 25.12.2014 while in service. The petitioner Page No.2 of 6
presented a petition before the first respondent on 07.07.2017 by seeking an appointment on compassionate grounds. However there was no action taken on the same. Thereafter, the petitioner filed an application under Right to Information to know the status of his petition and even then, no information was furnished to him. On 13.08.2021, the petitioner sent a detailed representation to the respondents to act on his petition submitted on 07.07.2017. Despite the third respondent had received the same, he had not acted on it.
4. Since the petitioner's father died way back in the year 2014 and the petitioner has filed a petition also in the year 2017, it is obligatory on the part of the respondents to consider the representation of the petitioner and pass orders on the same.
5. It is submitted by the learned counsel for the third respondent that the petitioner is kept in S.No.676 in roster meant for compassionate appointment.
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6. Since nothing would prevent the respondents to consider the petitioner's request, in case the petitioner is found eligible, the respondents are directed to consider the representation of the petitioner dated 13.08.2021.
7. In the result, this Writ Petition is disposed and the respondents are directed to consider the representation of the petitioner dated 13.08.2021 in the light of the compassionate appointment scheme adopted by the respondents and pass appropriate orders in this regard within a period of six weeks from the date of receipt of a copy of this order. No costs.
21.02.2024 Index : Yes /No Internet : Yes/No Speaking / Non-speaking gsk Page No.4 of 6
To 1.The Executive Director (SZ), Food Corporation of India, Zonal Office, Chennai 600 006.
2.The General Manager (TN), Food Corporation of India, Regional Office, Chennai 31.
3.The Area Manager, Food Corporation of India, District Office, F.S.D.Complex, Chennai Salai, Sevur Village, Katpadi Taluk, Vellore 632 106.
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R.N.MANJULA , J.
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