Manikandan.M v. The Administrative Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 25.03.2024
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.7418 of 2024 M.Manikandan ... Petitioner Vs.
1.The Administrative Director, Tamil Nadu State Transport Corporation Limited, (TNSTC), Kumbakonam Head Quarters, Kumbakonam.
2.The General Manager, Tamil Nadu State Transport Corporation Limited, (TNSTC), Trichy Division, Trichy.
3.The Branch Manager, Tamil Nadu State Transport Corporation Limited, (TNSTC), Malaikottai Branch, Trichy Division, Trichy.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd and 3rd respondents to appoint him on compassionate ground by 1/6
considering his representation dated 28.02.2024. For Petitioner : Mr.P.Karthick For Respondents : Mr.K.Ramaiah Standing Counsel
ORDER
By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 2.This Writ Petition has been filed for issuance of a Writ of Mandamus, seeking to direct the respondents 2 and 3 to appoint him on compassionate ground by considering his representation dated 28.02.2024.
3.The brief facts which are necessary for the disposal of this Writ Petition is as follows:- The petitioner's father worked as a Conductor in TNSTC, Malakottai Branch, Trichy. While in service, he died on 07.10.2020. He was survived by his wife, daughter and the petitioner. Following which, the petitioner has made an application seeking appointment on compassionate ground on 12.07.2021 and a reminder representation was sent on 28.02.2024. However, the same was not 2/6
considered. Hence, this Writ Petition came to be filed. 4.Heard the learned counsel appearing for the petitioner, the learned Standing counsel appearing for the respondents and carefully perused the entire materials available on record. 5.It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. As such, non-consideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.
6.In view of the same, without going into merits of the case, this Court hereby direct the respondents to consider the petitioner's representation dated 28.02.2024 and pass appropriate order in accordance with law within a period of six weeks from the date of receipt of copy of this order.
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7.Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs.
25.03.2024 NCC : Yes / No Index :
Yes / No Internet :
Yes Mrn 4/6
To 1.The Administrative Director, Tamil Nadu State Transport Corporation Limited, (TNSTC), Kumbakonam Head Quarters, Kumbakonam.
2.The General Manager, Tamil Nadu State Transport Corporation Limited, (TNSTC), Trichy Division, Trichy.
3.The Branch Manager, Tamil Nadu State Transport Corporation Limited, (TNSTC), Malaikottai Branch, Trichy Division, Trichy.
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L.VICTORIA GOWRI, J.
Mrn W.P.(MD)No.7418 of 2024 25.03.2024 6/6