K. Saraswathi v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2019
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.14467 of 2015 K.Saraswathi ... Petitioner Vs
1. The District Collector, Sivagangai District, Sivagangai.
2. The Block Development Officer, Kallal Panchayat Union, Kallal, Sivagangai District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records from the first respondent in his proceedings in e/f/g;gp3/1940/2015 dated 10.02.2015 and quash the same and consequently direct the respondents to provide employment to the petitioner's son namely K.Anbarasan on compassionate ground after he is attaining the age of majority by considering the petitioner's representation dated 15.05.2015 within the period stipulated by this Court.
For Petitioner : M/s.Radhi Sathish For Respondents : Mr.D.Muruganantham Additional Government Pleader
ORDER
The order of rejection dated 10.02.2015 rejecting the claim of the writ petitioner to provide appointment to her son on compassionate ground is under challenge in the present writ petition.
2.The husband of the writ petitioner was employed as a Junior Assistant and passed away on 28.12.2012, while he was in service. An application seeking appointment was filed by the writ petitioner to the respondents. The same was not considered on account of the fact that the son of the deceased employee was a minor during the relevant point of time.
3.The learned counsel for the petitioner states that even at the time of filing of the writ petition on 11.08.2015, the son of the writ petitioner was a minor and now he had attained the age of majority.
https://hcservices.ecourts.gov.in/hcservices/ 4.Under these circumstances, it is left open to the legal heirs of the deceased employee to submit an application seeking
appointment on compassionate grounds if they otherwise eligible and qualified in accordance with the terms and conditions of the scheme of compassionate appointment. In the event of receiving any such application, the respondents are bound to consider the same, strictly in accordance with the terms and conditions of the scheme as expeditiously as possible.
5.Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs.
Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To
1. The District Collector, Sivagangai District, Sivagangai.
2. The Block Development Officer, Kallal Panchayat Union, Kallal, Sivagangai District.
+1 CC to Mr.N.SATHISH BABU, Advocate ( SR-69518[F] dated 18/06/2019 ) +1 CC to SPL GP ( SR-69775[F] dated 19/06/2019 ) W.P.(MD)No.14467 of 2015 18.06.2019 pnn MK (27.06.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/