V.Kumaresan v. The Registrar General
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2023 CORAM :
THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD V.Kumaresan .. Petitioner
Versus
1. The Registrar General Madras High Court Chennai - 600 104.
2. The Assistant Registrar (Admn-I) Madras High Court Chennai - 600 104.
3. K.Meenakshi .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to consider the petitioner's representation dated 26.11.2022 and consequently, direct the first and second respondents herein to release the Chief Justice Relief Fund of petitioner's mother Late V.Sulochana, formerly Office Assistant, Madras High 1/5
Court who was died on 01.07.2020, while in service and direct the first respondent to provide employment to the petitioner namely, V.Kumaresan on compassionate ground.
For Petitioner : Mr. J.Prakasam For Respondents :
Mr. M.Kempraj (For R1 and R2)
ORDER
(Order of the Court was made by R. MAHADEVAN, J.) The relief sought in this Writ Petition is to issue a writ of mandamus directing the respondents 1 and 2 to consider the petitioner's representation dated 26.11.2022 and to release the Chief Justice Relief Fund of the petitioner's mother Late V.Sulochana, who died on 01.07.2020, while working as Office Assistant, and also direct the first respondent to provide employment to the petitioner on compassionate ground.
2.It is the case of the petitioner that his mother viz., V.Sulochana was appointed as Office Assistant on 17.02.2000 in the office of the first respondent and she died on 01.07.2020, while she was in service. She has completed a 2/5
qualifying service of 20 years 4 months and 15 days as on 07.07.2020. Thereafter, the petitioner submitted a representation dated 02.09.2020 requesting the respondent authorities to settle the death benefits and other benefits of his deceased mother, besides seeking appointment on compassionate ground. Upon considering the same, he was sanctioned gratuity as well as GPF amount. However, his claim for compassionate appointment and the Chief Justice Relief Fund of his deceased mother, was not considered by the respondent authorities. On enquiry, the petitioner came to know that he has to deposit half share of the benefits received, in favour of the minor daughter of his deceased younger brother by name, G.M.Divya Dharashini.
According to the petitioner, for want of bank details, he could not deposit the amount to the minor daughter of his deceased brother. Stating that the petitioner is now ready to deposit the half share of the benefits so far received as well as the Chief Justice Relief Fund to be received on account of death of his mother to the said G.M.Divya Dharashini, he made a representation dated 26.11.2022 requesting the respondent authorities to consider his earlier representation dated 02.09.2020 and take necessary action for providing an appointment on compassionate ground. Finding no response on the same, the petitioner has come up with this writ petition for the aforesaid relief.
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3.Heard Mr.J.Prakasam, learned counsel for the petitioner and Mr.M.Kempraj, learned counsel, taking notice for the respondents 1 and 2. 4.Considering the limited nature of the relief sought herein, without expressing any opinion on the merits of the case, there shall be a direction to the first and second respondents to consider the petitioner's representations dated 02.09.2020 and 26.11.2022 and pass appropriate orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
5.With the above direction, this Writ Petition stands disposed of. No costs. [R.M.D., J.] [J.S.N.P., J.] 03.01.2023 Index : Yes / No Internet: Yes / No Maya To
1. The Registrar General, Madras High Court Chennai - 600 104.
2. The Assistant Registrar (Admn-I) Madras High Court, Chennai - 600 104.
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R. MAHADEVAN, J.
and J.SATHYA NARAYANA PRASAD , J.
Maya Dated : 03.01.2023 5/5