N. Sambathraja v. The General Manager
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2025
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.1114 of 2025 N.Sambathraja ... Petitioner Vs
1. The General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Bye Pass Road, Dindigul.
2. The Tahsildar, O/o. The Thasildar, Nilakottai, Dindigul District.
...Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records in pursuant to the impugned order passed by the 1st respondent vide his proceedings in Parvai.Aatchi/Aa2/53 dated 14.02.2024 quash the same and further directing the 1st respondent to accept the certificate issued by the 2nd respondent for compassionate appointment without requiring further amendments to the petitioner's TC and Mark Sheet as per the directions of the Hon'ble High Court. 1/6
For Petitioner : Mr.G.M.Xavier For Respondent No.1 : Mr.S.Raja Standing Counsel For Respondent No.2 : Mr.D.Sasikumar Additional Government Pleader
ORDER
The instant Writ Petition has been filed seeking to quash the order passed by the first respondent herein on 14.02.2024, wherein, the petitioner has been directed to rectify his date of birth and the name of the father in his educational records and thereafter submit his request for compassionate appointment.
2. The petitioner's father namely William Edwin Navaraj, who was working in the respondent transport corporation had passed away on 11.07.2020, while he was in service. The petitioner has sent a representation to the first respondent corporation seeking compassionate appointment. After going through the academic records of the writ petitioner, the respondent transport corporation found that, in all the records the name of the petitioner's father was mentioned as Navaraj and not as William Edwin Navaraj. Therefore, the petitioner was requested to rectify the said error in all the records. The petitioner herein had approached the concerned Tahsildar and had obtained certificate on 07.03.2023 to the effect that William Edwin Navaraj and 2/6
Navaraj are one and the same and the petitioner is the son of Willam Edwin Navaraj. Based upon the said certificate issued by the Tahsildar, the petitioner has sent a representation to the 1st respondent transport corporation on 07.03.2023. Since, the said representation was not considered. Hence, the petitioner filed writ petition in W.P.(MD).No.20441 of 2023. This Court by an order dated 22.08.2023, had directed the 1st respondent transport corporation to consider the representation of the writ petitioner.
3. In compliance of the orders of this Court, the present impugned order has been passed on 14.02.2024, wherein, there is no reference, whether the respondent transport corporation has considered the certificate issued by the Tahsildar on 07.03.2023 or not. Without considering the said certificate issued by the Tahsildar the present impugned order has been issued directing the petitioner to rectify the error occurred in his academic records. Hence, the present writ petition has been filed.
4. The respondent corporation has not considered the certificate issued by the Tahsildar on 07.03.2023, as directed by this Court in W.P.(MD).No.20441 of 2023 dated 22.08.2023. Hence, this Court is inclined to set aside the impugned order. The matter is remitted back to the file of the first respondent 3/6
herein to consider the certificate issued by the Tahsildar on 07.03.2023, and pass orders afresh within a period of twelve weeks from the date of receipt of a copy of this order.
5. With the above said observations, this writ petition stands allowed. No costs.
20.01.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No gvn 4/6
To
1. The General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Bye Pass Road, Dindigul.
2. The Tahsildar, O/o. The Thasildar, Nilakottai, Dindigul District.
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R.VIJAYAKUMAR , J.
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