S.Devaranjitha v. The Govt Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2018
CORAM
THE HON'BLE MR.JUSTICE SATRUGHANA PUJAHARI WRIT PETITION NO.28255 OF 2018 S. Devaranjitha
...Petitioner
Vs.
1. The Government of Tamil Nadu, rep. by its Secretary, Labour and Employment Department, Fort St. George, Chennai - 600 009.
2. The District Collector, Cuddalore District, Cuddalore.
3. The Revenue Divisional Officer, Kurinchipadi Taluk, Cuddalore District.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the respondents to consider the representations dated 21.05.2013, 19.12.2016 and 06.03.2017 seeking compassionate appointment to the petitioner within a specified time, in accordance with G.O.Ms.No.78, dated 21.04.2017, Labour and Employment (Q-1) Department, Government of Tamil Nadu.
For Petitioner : Mr.S.Senthilnathan For Respondents : Mr.D.Suriya Narayanan Additional Government Pleader
O R D E R
Heard, Mr.S.Senthilnathan, learned counsel appearing for the petitioner and Mr.D.Suriya Narayanan, learned Additional Government Pleader, who accepts notice on behalf of the respondents. On consent of the learned counsel on either side, this Writ Petition is taken up for disposal.
2.
The petitioner happens to be the married daughter of one late Sekar, who stated to have died in harness made a representation within three years of death of her father for
compassionate appointment. Since the same evoked no response, she made another representation on 19.12.2016 to the District Collector, Cuddalore District. However, since the same evoked no response, she has come to this Court seeking a direction to consider her representation.
3.
The learned counsel appearing for the petitioner submits that eventhough she is a married, but she is entitled to compassionate appointment, as such, she has made representation, but the same has not been considered. Hence, the learned counsel submits that the Writ Petition may be disposed of with the relief sought for.
4.
The learned Additional Government Pleader, who accepts notice on behalf of the respondents, however, submits that if such a representation is pending, earlier no such prayer has been rejected, such representation shall be considered within a reasonable period.
5.
Considering the aforesaid facts and submission made, this Court, therefore, dispose of the Writ Petition at the stage of admission with a direction to the second respondent to take an informed and considered decision on the representation of the petitioner, if the same is pending disposal and no such representation made earlier has been rejected so also there is no other legal impediment for consideration of such representation, within a period of six weeks from the date of receipt of a copy of this order. However, it is made clear that this Court has expressed no opinion on the merit of such representation of the petitioner, and as such, this order should not be treated as mandate of this Court to dispose of the representation, in any particular manner.
6.
With the aforesaid order, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar sd To
1. The Government of Tamil Nadu, rep. by its Secretary, Labour and Employment Department, Fort St. George, Chennai - 600 009.
2. The District Collector, Cuddalore District, Cuddalore.
3. The Revenue Divisional Officer, Kurinchipadi Taluk, Cuddalore District.
+1cc to Mr.S.Senthilnathan, Advocate, S.R.No.73858 +1cc to the Government Pleader, S.R.No.74863 Writ Petition No.28255 of 2018 RV(CO) CS/07/12/2018