Baskar Singh v. The General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Baskar Singh ... Petitioner Vs.

The General Manager, Tamil Nadu State Transport Corporation (Tiruvelveli) Ltd., Tiruvelveli Region, No.19, Thirunanthapuram Road, Tirunelveli.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to consider the petitioner's application, dated 20.10.2020 for compassionate appointment on merits within the time as may be stipulated by this Court. For Petitioner : Mr.R.Muthuram For Respondent : Mr.K.Ramaiah Standing Counsel 1/4

ORDER

The present writ petition has been filed seeking direction to the respondent to consider the petitioner's application, dated 20.10.2020 for compassionate appointment on merits within the time as may be stipulated by this Court.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The petitioner's father, namely Ganesan was recruited for the post of Conductor by the respondent in the year 1986. While in service, he passed away on 03.10.2020. Hence, the petitioner made an application seeking appointment on compassionate ground on 20.10.2020. Since the same was not considered, this writ petition came to be filed.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or 2/4

other instead of keeping the same pending indefinitely. As such, nonconsideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.

5. Without going into the merits of the case, this Court hereby direct the respondent to consider the application made by the petitioner, dated 20.10.2020 and pass appropriate orders in accordance with law within a period of twelve

(12) weeks from the date of receipt of copy of this order.

6. With the above said observations, this Writ Petition stands disposed of. No costs.

29.01.2024 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To The General Manager, Tamil Nadu State Transport Corporation (Tiruvelveli) Ltd., Tiruvelveli Region, 3/4

No.19, Thirunanthapuram Road, Tirunelveli.

L.VICTORIA GOWRI, J.

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