V.Priyadharsan v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :06.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.31203 of 2019 and W.MP.No.31345 of 2019 V.Priyadharsan ..Petitioner Vs 1.The Government of Tamil Nadu, Rep. By its Secretary to Government, Public Health Department, Secretariat, Fort St.George, Chennai 600 009.

2.The Director, Public Health and Provocative Medicine, D.M.S. Campus, Chennai.

3.The Deputy Director, Public Health Services, Thiruvarur.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus or any other appropriate writ, order or direction in the nature of such writ directing the respondents to grant the petitioner with terminal benefits, family pension and provide appointment on compassionate grounds by considering the representation dated 06.04.2015 and 14.10.2019.

For Petitioner : Mr.T.Aananthi For Respondents : Mr.A.N.Thambidurai, Spl.G.P.

O R D E R

1.This writ petition has been filed by the petitioner, praying for issuance of a Writ of Mandamus, to direct the respondents to grant the petitioner with terminal benefits, family pension and provide appointment on compassionate grounds by considering the representations dated 06.04.2015 and 14.10.2019.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. 3.The case of the petitioner is that the petitioner's mother late G.Usha Rani who was working as Auziliary Nursing Midwife, Government Primary Health, Kottarakudi, died in harness on 14.05.2012. At the time of her death, the petitioner was minor. After demise of his mother, within stipulated three years period the petitioner made a representation on 06.04.2015, seeking of appointment on compassionate grounds. Thereafter, it appears that the petitioner made a representation on 01.40.2019 seeking for grant of terminal benefits, pension payable to his mother and also to provide employment on compassionate grounds. He also enclosed no objection letter given by his father , who also retired from service.

The petitioner made representation, but there is no response. The grievance of the petitioner is that despite the representation, the respondents have not taken any action and therefore, the petitioner is before this Court. 4.The learned counsel appearing for the petitioner would submit that without going into the merits of the case, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 14.10.2019 and to pass appropriate orders.

5.The learned Special Government Pleader appearing for the respondents conceded to the request as submitted by the learned counsel appearing for the petitioner. The learned counsel would submit that if this Court directs the respondents to consider the dispose of the representations made by the petitioner, the same would be complied with and the representation would be disposed of in accordance with law. 6.Considering the limited request made by the learned counsel appearing for the petitioner, I am inclined to issue direction to the respondents to consider the petitioner's representations dated 06.04.2015 and 14.10.2019 on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

7.With the above direction, the writ petition is accordingly disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(insp cell) //True Copy// Sub Assistant Registrar jrs

To 1.The Secretary to Government, Government of Tamil Nadu, Public Health Department, Secretariat, Fort St.George, Chennai 600 009.

2.The Director, Public Health and Provocative Medicine, D.M.S. Campus, Chennai.

3.The Deputy Director, Public Health Services, Thiruvarur.

+1cc to M/s.T.Aananthi , Advocate SR.No. 92286 +1 cc to Government Pleader Sr.No. 92529 W.P.No.31203 of 2019 A.SK(02/12/2019)