Madras High CourtWP(MD)/1423/2023disposed of

Dhanapackiyam .M v. The Director General

2023-01-25Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.01.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY M.Dhanapackiyam ... Petitioner Vs.

1.The Director General, Highways Department, No.76, Sardar Patel Road, Guindy, Chennai - 600 025.

2.The District Collector, Madurai District @ Madurai.

3.The Divisional Engineer, Department of Highways, (Construction and Maintenance), Madurai.

... 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 to provide employment to the petitioner on compassionate ground in view of the death of the petitioner's husband namely, M.Muthu, who was died on 08.02.2017, while he was serving as Record Clerk at the third respondent office by considering the petitioner's representations dated 06.09.2021, 08.08.2022 and 19.09.2022 within the period stipulated by this Court. 1/4

For Petitioner : Mr.N.Sathish Babu For Respondents : Mr.S.P.Maharajan, Special Government Pleader.

ORDER

This Writ Petition is filed for directing the respondents to provide employment to the petitioner on compassionate ground in view of the death of the petitioner's husband namely, M.Muthu, who was died on 08.02.2017, while he was serving as Record Clerk at the third respondent office by considering the petitioner's representations dated 06.09.2021, 08.08.2022 and 19.09.2022.

2. The petitioner who is the wife of deceased employee, seeking compassionate appointment. It is informed by the second respondent that through his proceedings dated 22.04.2022, the petitioner's application was considered and her name is in the waiting list in SI.No.284. Since there is no vacancy in the Highways Department, the respondents could not accommodate the petitioner on the ground of compassionate appointment in the Highways Department. The second respondent / the District Collector has power to consider such issues.

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3. Therefore, this Court is directing the second respondent to consider the case of the petitioner and post the petitioner in any one of the available vacancy in any department at the earliest.

4. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

25.01.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr To 1.The Director General, Highways Department, No.76, Sardar Patel Road, Guindy, Chennai - 600 025.

2.The District Collector, Madurai District @ Madurai.

3.The Divisional Engineer, Department of Highways, (Construction and Maintenance), Madurai.

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S.SRIMATHY, J.

Nsr 25.01.2023 4/4