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Madras High CourtWP(MD)/6217/2019disposed of

M.Gandhimathi, v. The Secretary,

2019-03-15Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE. R.MAHADEVAN W.P(MD)No.6217 of 2019 and W.M.P(MD)No.4963 of 2019 M.Gandhimathi ... Petitioner Vs.

1. The Secretary, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 09.

2. The Director of Town Panchayats, Kuralagam, Chennai - 108.

3. The District Collector, Thanjavur District, Thanjavur.

4. The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, V.O.C. Nagar, Park Town, Chennai - 600 003.

5. The Executive Officer, Ammapettai Town Panchayat, Ammapettai, Thanjavur District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents to provide employment to the petitioner as Junior Assistant post on compassionate grounds on the Educational qualification of the petitioner within the time stipulated by this Hon'ble Court. For Petitioner : Mr.V.Muthukamatchi For RR 1 to 4 : Mr.C.M.Mari Chelliah Prabhu, Additional Government Pleader.

For R - 5 : Mr.A.K.Baskara Pandian

ORDER

This writ petition has been filed seeking a direction to the respondents to appoint the petitioner as Junior Assistant on compassionate ground.

2.Heard the learned counsel appearing for the petitioner; the learned Additional Government Pleader appearing for the respondents 1 to 4 and the learned counsel appearing for the fifth respondent. By consent, the writ petition itself is taken up for final disposal at the stage of admission.

3.The case of the petitioner is that her husband, who was working as a Sweeper in Ammapettai Town Panchayat, while in service, passed away. Seeking compassionate appointment based on her educational qualification, the petitioner submitted a representation dated 28.01.2019 to the respondents. As the same has not been considered so far, this writ petition has been filed. 4.The learned Additional Government Pleader appearing for the respondents 1 to 4 and the learned counsel appearing for the fifth respondent, on instructions, submitted that the respondents would consider the petitioner's representation dated 28.01.2019 and pass orders, on merits.

5.Considering the facts and circumstance of the case, this Court, without expressing any opinion on the merits of the matter, directs the respondents to consider the representation of the petitioner dated 28.01.2019 and pass suitable orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

6.With the above direction, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) To

1. The Secretary, Municipal Administration and Water Supply Department, Fort St. George, Chennai - 09.

2. The Director of Town Panchayats, Kuralagam, Chennai - 108.

3. The District Collector, Thanjavur District, Thanjavur.

4. The Secretary, Tamil Nadu Public Service Commission, TNPSC Road, V.O.C. Nagar, Park Town, Chennai - 600 003.

5. The Executive Officer, Ammapettai Town Panchayat, Ammapettai, Thanjavur District.

+1 CC to MR.V.MUTHUKAMATCHI, Advocate ( SR-54376[F] dated 15/03/2019 ) +1 CC to SPECIAL GOVERNMENT PLEADER ( SR-54630[F] dated 18/03/2019 ) W.P(MD)No.6217 of 2019 15.03.2019 PS TK/ (16.05.2019) 3P 8C