G.Senthil Raj, v. The Director,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.06.2018

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)No.12304 of 2018 G.Senthil Raj ... Petitioner Vs.

1. The Director, Government Central Automobile Workshop, Velachery, Chennai - 600 042.

2. The Works Manager, Government Central Automobile Workshop, Velachery, Chennai - 600 042. ... Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to appoint the petitioner in the respondents Department on compassionate ground, in view of the death of his father (late) S.Gomathi Nayagam, by considering the representation given by the petitioner dated 23.08.2013, 28.01.2014 and 24.04.2016 within the period stipulated by this Court. For Petitioner : Mr.N.Sathish Babu For Respondents : Mr.D.Muruganandham, Additional Government Pleader

ORDER

The prayer sought for herein is for a Writ of Mandamus, directing the respondents to appoint the petitioner in the respondents Department on compassionate ground, in view of the death of his father (late)S.Gomathi Nayagam, by considering the representation given by the petitioner dated 23.08.2013, 28.01.2014 and 24.04.2016, within a stipulated period that may be fixed by this Court.

2. Heard Mr.N.Sathish Babu, learned counsel appearing for the petitioner and Mr.D.Muruganandham, learned Additional Government Pleader appearing for respondents.

3. The learned counsel appearing for the petitioner would submit that, the petitioner's father one Gomathi Sankar while he was working as an Assistant in the second respondent office, died in harness on 09.04.2013. Since the sole breadwinner of the family suddenly died, the petitioner's mother, who is the widow of the deceased, had given an application on 28.01.2014 to the respondents for giving compassionate appointment to his son ie., the petitioner.

4. Thereafter, the petitioner also on 24.04.2016 had given similar request directly to the respondents seeking compassionate appointment. Even though both the widow and the petitioner made an application seeking compassionate appointment to the petitioner, the respondents Department have not so far acted upon. Therefore, the petitioner is before this Court.

5. The learned counsel appearing for the petitioner would submit that if the said representations dated 28.01.2014 and 24.04.2016 given on behalf of the petitioner are directed to be considered by the respondents, within a time frame that may be fixed by this Court, the petitioner will be satisfied.

6. I have heard the learned Additional Government Pleader, who would, on instructions submit that, the said request made by the petitioner would be considered and an order to that effect would be passed within a time frame that may be fixed by this Court.

7. In view of the limited scope of the prayer sought for in this Writ Petition, the following directions are given in this writ petition:

"That the second respondent is directed to consider the application/representation submitted by the petitioner dated 24.04.2016 along with the earlier application given on his behalf by his mother dated 28.01.2014 for the purpose of compassionate appointment and decide the same, on merits and in accordance with law, by taking into account the penurious and indigent circumstances faced by the family of the petitioner, objectively, and pass orders thereon with regard to the grant of compassionate appointment to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order."

8. With this direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar (CS-I)

To:

1. The Director, Government Central Automobile Workshop, Velachery, Chennai - 600 042.

2. The Works Manager, Government Central Automobile Workshop, Velachery, Chennai - 600 042.

+ 1 CC TO Mr.N.SATHISH BABU, ADVOCATE IN SR No. 67743 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 67608 PM TE/SV/SAR-1 : 31/10/2018 : 3P/5C W.P(MD)No.12304 of 2018 08.06.2018