Rajagopal v. The Principal Secretary To Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.4250 of 2024 Rajagopal ... Petitioner Vs.

1.The Principal Secretary to Government of Tamil Nadu, Department of Rural Development and Panchayat Raj, Secretariat, Chennai.

2.The District Collector Pudukkottai.

3.The Commissioner Viralimalai Panchayat Union, Viralimalai Post and Taluk, Pudukkottai District.

...Respondents

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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 to consider the petitioner's candidature for the appointment on compassionate ground due to death of his father Ponnan at once.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.J.Ashok Additional Government Pleader

ORDER

The present writ petition has been filed seeking a Writ of Mandamus to direct the respondents to consider the petitioner's candidature for the appointment on compassionate ground due to death of his father Ponnan at once.

2. Heard Mr.P.Ganapathi Subramanian, learned counsel for the petitioner and Mr.J.Ashok, learned Additional Government Pleader appearing for the respondents.

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3. The petitioner is the son of the deceased Ponnan, who was working as Salai Paniyalar in the third respondent office, who died in harness on 04.10.1997. After death of his father, the petitioner had given a representation on 19.12.2001 to the first respondent seeking to appoint the petitioner on compassionate grounds. Since the said representation was not considered by the respondents so far, the present writ petition has been filed.

4. In the counter of the respondents, it is stated that the petitioner has not filed any application within three years from the date of death of his father deceased servant and he has given application for the first time in the year 2001 after a lapse of 20 years. However, the petitioner claims that he made an application in the year 2001 i.e., on 19.12.2001 itself before the lapse of three years.

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5. The learned Additional Government Pleader appearing for the respondents submitted that the application of the petitioner has already been considered and rejected on 22.02.2024 itself. In such case, the copy of the order ought to have been furnished on him, in order to enable him to challenge, if so he advised.

6. In view of the above stated reasons, this writ petition is disposed of with a direction to the respondents to furnish the copy of the order of rejection to the petitioner within one week from the date of receipt of a copy of this order and on receipt of the same, the petitioner is at liberty to challenge the same, if he so intends. No costs.

07.06.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 4/6

To 1.The Principal Secretary to Government of Tamil Nadu, Department of Rural Development and Panchayat Raj, Secretariat, Chennai.

2.The District Collector Pudukkottai.

3.The Commissioner Viralimalai Panchayat Union, Viralimalai Post and Taluk, Pudukkottai District.

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R.N.MANJULA , J.

RM Order made in W.P.(MD)No.4250 of 2024 Dated:

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