S.Manikandan, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.5710 of 2019 S.Manikandan ... Petitioner vs 1.The District Collector, Theni District.

2.The Assistant Director of Town Panchayats, Office of the Assistant Director of Town Panchayats, Theni.

3.The Executive Officer, Special Grade Town Panchayat, Devathanapatti, Periyakulam Taluk, Theni District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 2 and 3 herein to consider the appointment of the petitioner on compassionate ground in any of the existing vacancies in the third respondent as per the representation dated 18.12.2018 in accordance with law within a reasonable time as fixed by this Court.

For Petitioner : Mr.K.Appadurai For Respondents : Mr.M.Rajarajan Government Advocate

ORDER

The Writ Petition is filed seeking a direction to the respondents 2 and 3 herein to consider the appointment of the petitioner on compassionate ground, in any of the existing vacancies in the third respondent, as per the representation dated 18.12.2018, in accordance with law within a reasonable time as fixed by this Court.

2. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate, who takes notice for the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself.

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3. The case of the petitioner is that his father M.Selvaraj died on 20.09.2018, while he was in service as a Sanitary Worker in the third respondent Town Panchayat. Hence, the petitioner's mother sent a representation to the third respondent on 18.12.2018 seeking compassionate appointment to the petitioner. Since no action is forthcoming, the petitioner is before this Court by filing this Writ Petition.

4. The learned Government Advocate submitted that the representation of the petitioner's mother would be considered within a stipulated time as fixed by this Court.

5. Considering the nature of the relief sought for by the petitioner, without going into the merits of the petitioner's case, the respondents are directed to consider the representation of the petitioner's mother dated 18.12.2018 seeking compassionate appointment and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, if there are no other legal impediments, within a period of six weeks from the date of receipt of a copy of this order.

6. The Writ Petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar (AD-I) // True Copy // Sub Assistant Registrar(CS ) To 1.The District Collector, Theni District.

2.The Assistant Director of Town Panchayats, Office of the Assistant Director of Town Panchayats, Theni.

3.The Executive Officer, Special Grade Town Panchayat, Devathanapatti, Periyakulam Taluk, Theni District.

+1 CC to M/s.K.APPADURAI, Advocate SR-53169 +1 CC to The Special Government Pleader SR-54142 W.P(MD) No.5710 of 2019 12.03.2019 ssl PK/05.04.2019 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/