Muthukumar.R v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI R.Muthukumar ... Petitioner Vs.

1. The Secretary, Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, North Block, New Delhi.

2. The Director, National Institute of Technology, Thuvakudi, Trichy - 620 015.

3. The Registrar, National Institute of Technology, Trichy - 620 015.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents 2 and 3 to consider the representation of the petitioner's mother dated 23.12.2022 under the guidelines issued by the first respondent dated 02.08.2022 for compassionate appointment on the death of the petitioner's father within the time frame that may be stipulated by this Court. For Petitioner :

Mr.P.Nethaji For Respondents :

Mr.P.Subbaiah for R1 Mr.J.Maria Roseline for R2 and R3

O R D E R

This Writ Petition has been filed for a direction to the respondents 2 and 3 to consider the representation of the petitioner's mother, dated 23.12.2022 under the guidelines issued by the first respondent dated 02.08.2022 for compassionate appointment.

2. The case of the petitioner is that the petitioner's father one Rajamanickam, who served as Mechanic 'A' Grade in Estate Maintenance Department, died on 06.07.2005 leaving behind his wife, two sons and one

sister. The petitioner's mother submitted several representations seeking compassionate appointment in favour of the petitioner. 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 third respondent is directed to dispose of the representation of the petitioner's mother, dated 23.12.2022, on merits and in accordance with law, within a specified period.

4. The learned counsel appearing for the respondents has no serious objection for such an order being passed by this Court.

5. Heard the learned counsel appearing for the parties and perused the materials placed before this Court.

6. In view of the submission made by the learned counsel appearing for the petitioner, without expressing any opinion with regard to

the merits of the case, this Court directs the third respondent to consider of the petitioner's mother representation dated 23.12.2022 and pass appropriate orders, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

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

06.01.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The Secretary, Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, North Block, New Delhi.

2. The Director, National Institute of Technology, Thuvakudi, Trichy - 620 015.

3. The Registrar, National Institute of Technology, Trichy - 620 015.

M.DHANDAPANI,J.

vji 06.01.2023