T.Saradha v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.12.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN T.Saradha .....Petitioner(s) Vs 1.The District Collector, Dharmapuri District, Dharmapuri.
2.The Managing Director, CMDA Tower-II, Egmore, Chennai - 600 009.
3. The Senior Regional Manager, No.56, Brindavan Road, Fairlands, Salem District.
4. The District Manager, Dharmapuri - 636 705, Dharmapuri District.
Respondent(s) Page No:1/6
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to appoint the petitioner under any other suitable post in the office of 4th respondent in order to protect her family livelihood.
For Petitioner(s):
Mr. K.Balu For Respondent(s):
Mr.Yogesh Kannadasan Special Government Pleader
ORDER
By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself. 2.Mr. Yogesh Kannadasan, learned Special Government Pleader takes notice for the respondents.
3. This writ petition has been filed to direct the respondents to appoint the petitioner under any other suitable post in the office of 4th respondent in order to protect her family livelihood. Page No:2/6
4. Learned counsel for the petitioner would submit that the petitioner's husband was appointed as Salesman on 29.11.2003 by the 4th respondent and he was working in the 4th respondent office for more than a period of 18 years. During the said period, her husband was working without any blemish and to the satisfaction of the respondents. While so, on 19.08.2019, the petitioner's husband died due to accident. After the death of petitioner's husband, she approached the 1st respondent on 04.11.2019 for her employment under compassionate category for suitable post. Pursuant to the said application, the 1st respondent forwarded her petition to the 4th respondent and the 4th respondent vide his proceedings in Na.Ka.No.26/2018/C.V.4 dated 09.11.
2019 sent a letter to the 1st respondent stating that in the TASMAC, there is no specific job for women and therefore, advised the petitioner to approach other departments. The petitioner submitted a representation to the 2nd respondent to consider her employment in the respondent department under compassionate ground on various occasions and the same was pending without progress. On 05.12.
4th respondent regarding her appointment on compassionate ground in Request No.153479/2019. The 4th respondent vide his proceedings in Na.Ka.No.25/2019/C.V.4 dated 06.12.2019 rejected her request and informed that they can't give an employment to her under compassionate ground and directed her to approach the 2nd respondent. He further submitted that the petitioner's husband is the only breadwinner of the family and after her husband demise, the petitioner's family is financially suffering. Hence, the petitioner came up with this petition to direct the respondents to appoint her in any of the post in the respondent department.
5. Learned Special Government Pleader appearing for the respondents would submit that the petitioner's case will be considered by the respondents on its own merits and in accordance with law, within the time fixed by this Court.
6. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the respondents to Page No:4/6
consider the petitioner's case and pass appropriate orders on its own merits and in accordance with law, within a period of eight(8) weeks from the date of receipt of copy of this order. of. No costs.
7. With the above direction, the Writ Petition stands disposed of. No costs.
06.12.2024 Index:Yes/No Speaking order/Non-speaking order msv To 1.The District Collector, Dharmapuri District, Dharmapuri.
2.The Managing Director, CMDA Tower-II, Egmore, Chennai - 600 009.
3. The Senior Regional Manager, No.56, Brindavan Road, Fairlands, Salem District.
4. The District Manager, Page No:5/6
Dharmapuri - 636 705, Dharmapuri District.
V.BHAVANI SUBBAROYAN,J.
msv 06.12.2024 Page No:6/6