B.Jeyalakshmi, v. The Director General Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.7555 of 2019 B.Jeyalakshmi ... Petitioner vs.

1.The Director General of Police, Mylapore, Chennai - 600 004.

2.The Superintendent of Police, Virudhunagar District, Virudhunagar.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to appoint the petitioner in a compassionate appointment for a suitable post under the jurisdiction of the second respondent on account of the death of the petitioner's husband namely P.Balamurugan died on 30.06.2015 while on his service based on the second respondent recommendation in Na.Ka. No.A1(3)/ 418/31561/2015 dated 06.08.2018.

For Petitioner : Mr.Ananth C.Rajesh For Respondents : Mrs.J.Padmavathy Devi Special Government Pleader

ORDER

The Writ Petition is filed seeking a direction to the first respondent to appoint the petitioner on compassionate grounds in any suitable post under the jurisdiction of the second respondent, based on the second respondent's recommendation in Na.Ka. No.A1(3)/ 418/31561/2015, dated 06.08.2018.

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

3. The case of the petitioner is that her husband was employed as a junior assistant in the second respondent office and he died on 30.06.2015, while he was in service. Hence, the petitioner made an application to the second respondent on 28.07.2015 seeking compassionate appointment and the same was recommended by the second respondent to the first respondent vide communication dated 06.08.2018. However, no action is forthcoming https://hcservices.ecourts.gov.in/hcservices/

from the first respondent. Therefore, the petitioner is before this Court by filing this Writ Petition.

4. The learned Counsel for the petitioner submitted that the petitioner would be satisfied, if her representation is directed to be considered by the first respondent, in the light of the recommendation of the second respondent, dated 06.08.2018, for which, the learned Special Government Pleader appearing for the respondents has no serious objection.

5. Considering the nature of the relief now sought for by the learned Counsel for the petitioner, which has been agreed upon by the learned Special Government Pleader appearing for the respondents, without going into the merits of the petitioner's case, the first respondent is directed to consider the representation/ application of the petitioner dated 28.07.2015 seeking compassionate appointment, in the light of the second respondent's recommendation dated 06.08.2018 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of eight 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 (CS-II) // True Copy // Sub Assistant Registrar(CS) To 1.The Director General of Police, Mylapore, Chennai - 600 004.

2.The Superintendent of Police, Virudhunagar District, Virudhunagar.

+1CC TO MR.ANANTH C.RAJESH, Advocate Sr. No. 57826 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.58340 W.P(MD)No.7555 of 2019 29.03.2019 NRK(CO) TR (02.05.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/