Madras High CourtWP/34247/2022disposed of

R.Murali v. The Commissioner

2022-12-23Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.12.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE R. Murali ..

Petitioner vs.

1. The Commissioner, Social Welfare and Noon Meal Scheme, 2nd Floor, Panagal Maaligai, Saidapet, Chennai - 600 015.

2. The District Collector, Krishnagiri District, Krishnagiri.

Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to appoint the petitioner on compassionate ground by considering his application dated 30.09.2019 in the light of the proposal sent by the second respondent dated 02.03.2020.

For Petitioner :

Mr.K.S.Viswanathan 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. This writ petition has been filed for a Mandamus seeking for a direction to the respondents to appoint the petitioner on compassionate ground based on the petitioner's representation dated 30.09.2019 in the light of the proposal sent by the 2nd respondent dated 02.03.2020, within a time frame to be fixed by this Court.

4. The petitioner's mother Anushya died while she was in service. The petitioner has submitted a representation on 30.09.2019 seeking for compassionate appointment. The 2nd respondent has also recommended the case of the petitioner to the 1st respondent on 02.03.2020. Since the representation dated 30.09.2019 has not been considered till date, the petitioner has filed this writ petition.

5. Heard Mr.K.S. Viswanathan, learned counsel for the petitioner Mr.R.U. Dinesh Rajkumar, learned Additional Government Pleader for the respondents.

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6. No prejudice would be caused to the respondents, if the petitioner's representation seeking for compassionate appointment is considered on merits and in accordance with law based on the 2nd respondent's proposal dated 02.03.2020, within a time frame to be fixed by this Court.

7. For the foregoing reasons, this Court directs the 1st respondent to pass final orders on merits and in accordance with law on the petitioner's representation dated 30.09.2019 seeking for compassionate appointment in the light of the proposal sent by the 2nd respondent dated 02.03.2020, 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 Internet: Yes/No Speaking Order/Non-Speaking Order vsi2 3/5

To :

1. The Commissioner, Social Welfare and Noon Meal Scheme, 2nd Floor, Panagal Maaligai, Saidapet, Chennai - 600 015.

2. The District Collector, Krishnagiri District, Krishnagiri.

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ABDUL QUDDHOSE, J.

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