R.Ramesh Kumar v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.12.2022

CORAM:

THE HONOURABLE Mr. JUSTICE ABDUL QUDDHOSE R.Ramesh Kumar .. Petitioner Vs.

The Commissioner, Coimbatore City Municipal Corporation, Big Bazaar Street, Coimbatore 641 001.

.. Respondent Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to consider the representation given by the petitioner dated 25.03.2022. For Petitioner : Mr.C.Deepak Kumar For Respondent : Mr.Ferdinand Standing Counsel

O R D E R

By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself. 1/4

2. Mr.Ferdinand, learned Standing counsel accepts notice for the respondent.

3. The petitioner seeks for compassionate appointment on account of the death of his father late Rajan, while he was in service with the respondent/Corporation. His application has been rejected due to a discrepancy with regard to his date of birth. The petitioner had produced documents, which discloses different dates of birth. Now, the learned counsel for the petitioner would submit, on instructions, that the petitioner is willing to rectify the correct date of birth recorded in the Corporation records and produce the corrected birth certificate to the respondent. However, the learned counsel for the petitioner seeks liberty for the petitioner to give a fresh representation to the respondent /Corporation, once the petitioner gets the date of birth corrected from the Corporation, seeking for compassionate appointment once again and he also seeks for a direction to the respondent to consider the said representation on merits and in accordance with law. The said statement is recorded.

4. Heard the submissions made by the learned counsels on both sides. 2/4

5. No prejudice would be caused to the respondent, if such a direction is issued.

6. Accordingly, this writ petition is disposed of by directing the petitioner to rectify his date of birth with the Corporation and thereafter produce the same to the respondent along with his representation seeking for compassionate appointment on account of the death of his father Late Rajan, while he was in service and on receipt of the said representation, the respondent shall pass final orders on merits and in accordance with law, within a period of four weeks.

7. With the above direction,the writ petition stands disposed of. No costs.

06.12.2022 Index : Yes / No Internet : Yes/ No nti/vsi-2 3/4

ABDUL QUDDHOSE, J.

vsi-2 To The Commissioner, Coimbatore City Municipal Corporation, Big Bazaar Street, Coimbatore 641 001.

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