E.Manigandan v. The District Collector

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 23.12.2022

CORAM:

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE E. Manigandan ...

Petitioner vs

1. The District Collector of Thiruvannamalai, Collector Office, Vengikal, Tiruvannamalai District.

2. The Tahsildar, Chengam Taluk, Tiruvannamalai District.

...

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the representations of the petitioner dated 21.09.2021 and 21.06.2022 and direct the respondents to give suitable employment to the petitioner based on his qualification on compassionate ground. For petitioner : Ms.S.Suseela Devi For respondents : Mr.R.U.Dinesh Rajkumar Addl. Govt. Pleader 1/5

ORDER

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

2. Mr.R.U. Dinesh Rajkumar, learned Additional Government Pleader accepts notice for the respondents.

3. The petitioner seeks compassionate appointment on account of the death of his father Late Elumalai, while he was in service. His father died on 03.08.2002. Thereafter according to the petitioner, his mother Amsa, who is the wife of the deceased sought for compassionate appointment. According to the petitioner, despite several assurances given by the respondents that his mother will be provided compassionate appointment, the respondents failed to fulfill the said promises. Now the petitioner claims that he has completed his B.Sc (Chemistry) in April 2019 and he is presently searching for a job. Now, he claims for compassionate appointment in lieu of his mother. The petitioner has given representations on 21.09.2021 and 21.06.2022 to the respondents requesting them to grant him compassionate appointment due to the death of his father, Late Elumalai while he was in service. Since the 2/5

representations have not been considered till date, he has filed this writ petition.

4. Heard Ms.S. Suseela Devi, learned counsel for the petitioner and Mr.R.U. Dinesh Rajkumar, learned Additional Government Pleader for the respondents.

5. No prejudice would be caused to the respondents, if the petitioner's representation as stated supra is considered on merits and in accordance with law, within a time frame to be fixed by this Court.

6. This Court is not expressing any opinion on the merits of the petitioner's representation. It is for the respondents to consider the same on merits and in accordance with law.

7. For the foregoing reasons, this Court directs the 2nd respondent to pass final orders on merits and in accordance with law on the petitioner's representations dated 21.09.2021 and 21.06.2022 seeking for compassionate appointment in his favour on account of the death of his 3/5

father Late Elumalai on 03.08.2002, within a period of twelve weeks from the date of receipt of a copy of this order.

8. With the aforesaid directions, this writ petition is disposed of. No costs.

23.12.2022 Index:Yes/No Speaking order/Non-speaking order vsi2 To

1. The District Collector of Thiruvannamalai, Collector Office, Vengikal, Tiruvannamalai District.

2. The Tahsildar, Chengam Taluk, Tiruvannamalai District.

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ABDUL QUDDHOSE, J.

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