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Madras High CourtWP(MD)/34/2023disposed of

Anshan Jose.A v. The Director Of Medical And Rural Health Services

2023-01-03Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI A.Anshan Jose ... Petitioner Vs.

1. The Director of Medical and Rural Health Services, 359, Anna Salai, Teynampet, Chennai - 600 006.

2. The Joint Director of Medical and Rural Health Services, Old Government Hospital Campus, Sivagangai - 630 561.

3. The Chief Medical Officer, Government Hospital, Devakottai - 630 561, Sivagangai District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to provide suitable employment on compassionate ground due to the demise of

the petitioner's mother Maria Santhi who died on 26.04.2019 by considering the petitioner's representation dated 29.11.2022. For Petitioner :

Mr.S.C.Herold Singh For Respondents :

Mr.G.V.Vairam Santhosh Additional Government Pleader

O R D E R

This Writ Petition has been filed for a direction to the respondents to provide suitable employment on compassionate ground to the petitioner due to the demise of his mother, namely, Maria Santhi, who died on 26.04.2019, by considering his representation dated 29.11.2022.

2. The case of the petitioner is that the petitioner's mother, namely, Maria Santhi, was working as a Nursing Superintendent Grade-II at Government Hospital, Devakottai, Sivagangai District. While so, she died in harness on 26.04.2019 leaving behind her husband and 2 children. Due to the sudden demise of the petitioner's mother, his entire family was totally collapsed. Hence, he made various representations to the respondents on 16.09.2020, 19.04.2021 and 29.11.2022 for compassionate appointment.

But, till date, no order was passed. Therefore, the petitioner has filed the present Writ Petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the concerned respondent is directed to consider the representation of the petitioner dated 29.11.2022, on merits and in accordance with law, within a specified period.

4. The learned Additional Government Pleader appearing for the respondents would submit that based on the seniority, the representation would be considered in accordance with law.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the concerned respondent to consider the petitioner's representation, dated 29.11.2022 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

03.01.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The Director of Medical and Rural Health Services, 359, Anna Salai, Teynampet, Chennai - 600 006.

2. The Joint Director of Medical and Rural Health Services, Old Government Hospital Campus, Sivagangai - 630 561.

3. The Chief Medical Officer, Government Hospital, Devakottai - 630 561, Sivagangai District.

M.DHANDAPANI,J.

vji 03.01.2023