R.Indra v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.12.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE R. Indra
...Petitioner
vs.
1. The District Collector, Nilgiris District.
2. The Chief Engineer, Highways Department (Construction & maintenance), Guindy, Chennai - 600 025.
3. The Divisional Engineer, Highways Department (Construction & Maintenance) Nilgiris district.
4. The Assistant Engineer, Highways Department Gudalur, Nilgiris district.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd and 3rd respondent to provide suitable appointment to the petitioner on compassionate grounds, on the proposal forwarded by the 4th respondent vide Na.Ka.No.54/2021/K, dated 08.04.2021 and also taking into consideration of the recommendation of the collector by letter in O.Mu.A3.No.17476/2018, dated 13.09.2018 and consequently direct respondents to disburse all terminal benefits and pension due to the death of the petitioner's father namely Mr.B.Rajendran, on 12.01.2009. 1/4
For petitioner : Mr. S.N. Ravichandran For respondents : Mr.K. Karthik Jaganath Government Advocate
ORDER
By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself.
2. This writ petition has been filed for a Mandamus seeking for a direction to the respondents to consider the petitioner's representation, dated 10.04.2018 seeking for compassionate appointment on account of the death of her father B.Rajendran.
3. On the last hearing date i.e. on 29.11.2022, it was informed by the learned Government Advocate appearing for the respondents that the request for compassionate appointment made by the petitioner was already rejected on 21.06.2018.
4. Today, the learned Government Advocate has placed before this Court the file pertaining to the request made by the petitioner seeking for compassionate appointment and would submit that as per the said file, the petitioner's application has been rejected on 21.06.2018.
5. However, the learned counsel for the petitioner would submit on instructions that till date, the petitioner has not been communicated about the said order.
2/4
6. Since the petitioner contends that the same has not been communicated to her, this writ petition is disposed of by directing the respondents to communicate the order dated 21.06.2018 to the petitioner, under which, the petitioner's request for compassionate appointment has been rejected, within a period of one week from the date of receipt of a copy of this order. On receipt of the same, the petitioner is granted liberty to challenge the same, if so aggrieved in the manner known to her under law.
7. Insofar as the claim for terminal benefits payable to her deceased father B.Rajendran is concerned, the petitioner is permitted to give a fresh representation to the respondents and on receipt of the said representation, the respondents shall pass final orders on on merits and in accordance with law, within a period of twelve weeks thereafter.
8. With the aforesaid directions, this writ petition stands disposed of. No costs.
01.12.2022 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 3/4
ABDUL QUDDHOSE, J.
vsi2 To
1. The District Collector, Nilgiris District.
2. The Chief Engineer, Highways Department (Construction & maintenance), Guindy, Chennai - 600 025.
3. The Divisional Engineer, Highways Department (Construction & Maintenance) Nilgiris district.
4. The Assistant Engineer, Highways Department Gudalur, Nilgiris district.
01.12.2022 4/4