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Madras High CourtWP(MD)/1434/2024disposed of

R.Pandi Priya v. The Commissioner

2024-03-07Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI R.Pandi Priya ... Petitioner Vs

1. The Commissioner, Adi Dravidar Welfare Commission, Chepauk, Chennai - 600 005.

2. The District Adi Dravidar And Tribal Welfare Officer, Theni District.

3. The District Collector, Theni District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to consider the petitioner for compassionate appointment on merit and in accordance with law pending in as per proceedings of 1st respondent in Na.Ka. No. E6/6309/2020, dated 12.10.2021.

For Petitioner : Mr. K.Appadurai For Respondents : Mr.J.K.Jayaselan Government Advocate 1/5

ORDER

The present writ petition has been filed seeking for a mandamus, directing the respondents to consider the petitioner for compassionate appointment on merit and in accordance with law pending in as per proceedings of 1st respondent in Na.Ka. No. E6/6309/2020, dated 12.10.2021. 2.Heard, the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents. Perused the materials on record.

3.The petitioner's husband worked as a Cook in the Adi Dravidar School Hostel, Theni District and he was promoted as Warden by the proceedings of the 2nd respondent, dated 16.12.2020. Being affected with Covid-19 while in service, he died on 08.05.2021. He was survived by the petitioner, two minor sons and one minor daughter. The petitioner made two applications on 19.11.2021 and 16.12.2021 seeking appointment on compassionate grounds and the same were not considered. Hence, this writ petition came to be filed.

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4.The learned Government Advocate, on instructions, submitted that the petitioner is overqualified for the post of Cook and Watchwomen and as and when suitable post arise for her qualification, the case of the petitioner would be considered. There are three Seniority Registers maintained by the Department ie., one with District Adi Dravidar Welfare Department, another one with District Collectorate and the third one with Directorate of Adi Dravidar Welfare Department, Chennai and the case of the petitioner has already been recommended. The petitioner has been placed in 9th rank in the District Adi Dravidar Welfare Department and 105AAA Rank in the District Collectorate and 347 rank in the Directorate of Adi Dravidar Welfare Department, Chennai.

5.Recording the said submission, this Court hereby direct the respondents to consider the representations of the petitioner seeking appointment on compassionate grounds dated 19.11.2021 and 16.12.2021 and appoint her in a suitable post in terms of seniority list maintained by the District Adi Dravidar Welfare Department, District Collectorate and the Directorate of Adi Dravidar Welfare Department, Chennai.

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6.With the above direction, this writ petition stands disposed of. There shall be no order as to costs.

07.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes PNM To

1. The Commissioner, Adi Dravidar Welfare Commission, Chepauk, Chennai - 600 005.

2. The District Adi Dravidar And Tribal Welfare Officer, Theni District.

3. The District Collector, Theni District.

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L.VICTORIA GOWRI, J.

PNM ORDER IN 07.03.2024 5/5