S.Pasupathi v. The Secretary To The Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2025

CORAM:

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR S.Pasupathi ... Petitioner Vs.

1. The Secretary to the Government, Department of Health and Family Welfare, Secretariat, Fort. St.George, Chennai - 600 009.

2. The Director, Directorate of Medical Education, Kilpauk, Chennai.

3. The Joint Director, Office of the Joint Directorate of Medical and Rural Health Services, Ramanathapuram, Ramanathapuram District.

4. The Dean, Ramanathapuram Government Medical College and Hospital, Ramanathapuram, Ramanathapuram District.

... Respondents 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents herein to appoint the petitioner in any suitable post on compassionate grounds on the basis of the application submitted by the petitioner to the respondents on 11.02.2021.

For Petitioner : Mr.P.Mahendran For Respondents : Mr.T.Amjad Khan Government Advocates

ORDER

Mr.T.Amjad Khan, learned Government Advocate takes notice on behalf of the respondents.

2. The instant writ petition has been filed by the wife of a deceased employee seeking a mandamus to appoint her in a suitable post on compassionate ground on the basis of her application dated 11.02.2021.

3. A perusal of the records reveals that the petitioner's husband who was working as a sanitary worker in the 4th respondent hospital had passed away while in service on 18.01.2020.

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4. The petitioner has given an application on 11.02.2021, seeking compassionate appointment to the 5th respondent. The 4th respondent in turn had forwarded the said application to the 2nd respondent on 31.03.2023, so far the 2nd respondent has not passed any orders. Hence the present writ petition.

5. The learned Government Advocate on instructions submits that they are maintaining seniority for granting compassionate appointment and the seniority of the writ petitioner is at Sl.No.296. Hence, he submits that as and when the petitioner reaches seniority, the name of the petitioner would be considered.

6. Considering the above said facts, the 2nd respondent is directed to consider the application of the writ petitioner seeking compassionate appointments as and when the petitioner reaches her seniority and pass orders on merits and in accordance with law.

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7. The writ petition stands disposed of with the above observations and directions. No costs.

28.01.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To

1. The Secretary to the Government, Department of Health and Family Welfare, Secretariat, Fort. St.George, Chennai - 600 009.

2. The Director, Directorate of Medical Education, Kilpauk, Chennai.

3. The Joint Director, Office of the Joint Directorate of Medical and Rural Health Services, Ramanathapuram, Ramanathapuram District.

4. The Dean, Ramanathapuram Government Medical College and Hospital, Ramanathapuram, Ramanathapuram District.

.

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R.VIJAYAKUMAR , J.

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