P.Paraniselvan, v. The Principal Secretary To
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2019
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.9337 of 2018 P.Paraniselvan ... Petitioner Vs 1.The Principal Secretary to Government/ Special Commissioner, Department of Integrated Child Development Scheme, Pammal Nallathambi Street, Tharamani, Chennai - 600 013.
2.The Secretary to Government, Social Welfare and Nutritious Meal Programme Department, Secretariat, Chennai - 600 009.
3.The District Collector, Dindigul District, Dindigul.
4.The Project Officer, Integrated Child Development Scheme - III, Dindigul.
5.The Child Development Officer, Child Development Officer, Kodaikanal, Dindigul District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to forthwith to appoint the petitioner as Noon Meal Organizer under the control of 5th respondent under compassionate ground or in any one of suitable post according to his educational qualification. For Petitioner : Mr.S.Balamurugan For Respondents : Mr.C.M.Mari Chelliah Prabhu Additional Government Pleader
ORDER
Seeking a direction to the respondents to give compassionate appointment, the petitioner is before this Court.
2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader for the respondents. 3.The case of the petitioner is that her mother, who was working as a Noon Meal Organizer at Palamalai Village, Kodaikanal Taluk, passed away while in service. Seeking appointment on compassionate ground, the petitioner made a representation dated 18.05.2015. While so, the second respondent sought some clarifications and requested the fourth respondent to rectify certain mistakes. In the meantime, the fifth respondent has sent the petitioner's proposal to the fourth respondent, after rectifying all the clarifications by communication dated 22.07.2016. However, till date there is no response from the respondents. Hence, this writ petition has been filed. 4.The learned Additional Government Pleader, on instructions, submitted that the representation of the petitioner would be considered on merits.
5.In view of the above submission, this Court, without going into the merits of the case, directs the respondents 1 to 4 to consider the representation of the petitioner dated 18.05.2015, seeking compassionate appointment, in the light of the communication sent by the fifth respondent dated 22.07.2016 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner.
6.The writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar (AE) // True Copy // Sub Assistant Registrar(CS) To 1.The Principal Secretary to Government/ Special Commissioner, Department of Integrated Child Development Scheme, Pammal Nallathambi Street, Tharamani, Chennai - 600 013.
2.The Secretary to Government, Social Welfare and Nutritious Meal Programme Department, Secretariat, Chennai - 600 009.
3.The District Collector, Dindigul District, Dindigul.
4.The Project Officer, Integrated Child Development Scheme - III, Dindigul.
5.The Child Development Officer, Child Development Officer, Kodaikanal, Dindigul District.
+1 CC to M/s.SPL GP ( SR-58346[F] dated 02/04/2019 ) +1 cc to Mr.S.Balamurugan , Advocate SR.No.58277 MJ W.P.(MD)No.9337 of 2018 01.04.2019 KM/(02.05.2019) 5P 8C