Raja Bennet .R v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.5944 of 2022 R.Raja Bennet
...Petitioner
Vs.
1. The State of Tamil Nadu, Represented by its Principal Secretary, Transport Department, Secretariat, Fort St. George, Chennai - 9.
2. The Managing Director, State Express Transport Corporation Limited, Thiurvalluvar House, Pallavan Salai, Chennai - 600 002.
3. The General Manager, State Express Transport Corporation Limited, Thiurvalluvar House, Pallavan Salai, Chennai - 600 002.
4. The Branch Manager, State Express Transport Corporation Ltd., Thambanur, Tiruvanandapuram - 695 502, Kerala State.
...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, directing the respondents to provide any employment to the petitioner as eligible for his qualification on compassionate ground within a time frame as may be stipulated by this Court by considering the petitioner's representation dated 29.08.2018. For Petitioner : Mr.A.Gandiappan For Respondents : Mr.S.Shaji Bino Special Government Pleader - for R1 : Mr.K.Senthilkumar - for R2 and R3 : No appearance - for R4
O R D E R
The present Writ Petition has been filed seeking for a mandamus directing the respondents to provide compassionate appointment to the petitioner.
2. According to the writ petitioner, his father was working as a Driver in the State Express Transport Corporation Limited at Thambanur and he passed away on 04.03.2016. Immediately after the death of the employee, his daughter had made an application for compassionate appointment, which was rejected by the authorities, on the ground that she is married. Challenging the 2/5
said rejection order, the daughter had filed a writ petition in W.P.(MD) No. 3490 of 2018 and she has chosen to withdraw the same.
3. Thereafter, the writ petitioner who was minor at the time of the death of his father, had made an application on 30.09.2021 seeking appointment on compassionate ground. The respondents Corporation has addressed a letter to the writ petitioner on 17.01.2022 indicating the fact that the name of the writ petitioner has been registered for being considered for compassionate appointment and his name is in the rank of 524. Citing the said letter, the petitioner now seeks a mandamus.
4. Considering the fact that the petitioner's name has already been registered for compassionate appointment, the third respondent is directed to pass appropriate orders on merits and in accordance with law as and when the petitioner reaches the seniority for the appointment. 3/5
5. With the above said observations, this writ petition is disposed of. There shall be no order as to costs.
10.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To
1. The Principal Secretary, Transport Department, Secretariat, Fort St. George, Chennai - 9.
2. The Managing Director, State Express Transport Corporation Limited., Thiurvalluvar House, Pallavan Salai, Chennai - 600 002.
3. The General Manager, State Express Transport Corporation Limited., Thiurvalluvar House, Pallavan Salai, Chennai - 600 002.
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R.VIJAYAKUMAR,J.
ebsi W.P(MD)No.5944 of 2022 10.10.2023 5/5