Gobinath v. The Project Officer

W.P.(MD) No.462 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.462 of 2020 Gobinath ... Petitioner /vs./ 1.The Project Officer, District Committee, Integrated Child Development Scheme, Pudukottai.

2.The Project Officer, Child Development Scheme, Thirumayam, Pudukottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to give compassionate appointment to the petitioner on the basis of the petitioner's representation dated 17.08.2016. For Petitioner : Mr.D.Rameshkumar For Respondents : Mr.R.Sethuraman Special Government Pleader

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.Though the petitioner has sought for issuance of Writ of Mandamus to the respondents to consider the petitioner for giving compassionate appointment, in my view, such a decision is to be taken by the respondents and in case, the petitioner is aggrieved against such any decision, it would be appropriate to approach this Court.

3.The petitioner would submit that he has already made representation on 17.08.2016 in this regard, which is said to be pending. If the said representation is directed to be disposed of within stipulated time, the ends of justice could be secured. 4.Whenever a representation is made to a statutory authority to redress the claim of the employee, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.462 of 2020 same pending indefinitely. Such an inaction would amount to dereliction of duties and thereby this Court would be justified in invoking its extraordinary powers under Article 226 of Constitution of India and thereby direct such authority to consider the representation within the stipulated time. 5.In view of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation, dated 17.08.2016, on its own merits and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its view with regard to the claim made by the petitioner in his representation and it is for the first respondent to consider it in accordance with law. 6.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AD II) // True Copy // / /2020 Sub Assistant Registrar(CS) mm To:

1.The Project Officer, District Committee, Integrated Child Development Scheme, Pudukottai.

2.The Project Officer, Child Development Scheme, Thirumayam, Pudukottai District.

+1 CC to SPL.GP ( SR-1354[F] dated 10/01/2020 ) +1 CC to MR.D.RAMESHKUMAR, Advocate ( SR-1093[F] dated 09/01/2020 ) W.P.(MD)No.462 of 2020 09.01.2020 KM/(23.01.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2