J. Mariselvam v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND J.Mariselvam ... Petitioner Vs.

1.The Commissioner, Adi-Dravidar Welfare Department, Ezhilagam, Chepauk, Chennai - 600005.

2.The Director, Directorate of Adi-Dravidar Welfare, Ezhilagam, Chepauk, Chennai - 600005.

3.The District Adi-Dravidar And Tribal Welfare Officer, District Collectorate, Virudhunagar, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's case for appointment in the post of Cook at Government AdiDravidar Boys Hostel situated at Kizhavikulam Village, Rajapalayam Taluk, Virudhunagar District under compassionate ground based on his representation dated 15.10.2023 within the time limit that may be stipulated by this Court. 1/5

For Petitioner : Mr.P.Veerapandi For Respondents : Mr.P.Subbaraj Special Government Pleader

O R D E R

This Writ Petition has been filed seeking a writ of mandamus directing the respondents to consider the petitioner's case for appointment in the post of Cook at Government Adi-Dravidar Boys Hostel situated at Kizhavikulam Village, Rajapalayam Taluk, Virudhunagar District under compassionate ground by considering his representation dated 15.10.2023.

2. The case of the petitioner is that the petitioner's father, who worked as Cook at Government Adi-Dravidar Boys Hostel died on 31.08.2022. Thereafter, the petitioner submitted a representation, dated 15.10.2023 seeking an employment under compassionate grounds. The second respondent forwarded the same to the third respondent on 18.04.2024. Thereafter, the petitioner personally appeared before the third respondent and submitted all the relevant documents on 24.05.2024. But till now, his claim for compassionate appointment is not considered by the respondents. Aggrieved by the same, the petitioner filed this writ petition.

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3. The Special Government Pleader appearing for the respondents submits that at the time of initial representation of the petitioner, he did not submit the relevant documents. Accordingly, the second respondent informed the third respondent in his letter, dated 18.04.2024, wherein, it is mentioned that the petitioner did not submit the relevant documents for consideration of his claim. But the learned counsel for the petitioner submits that the petitioner appeared in person before the third respondent and submit all the relevant documents on 24.05.2024.

4. In view of the above, this Court intends to dispose of this writ petition with a direction to the third respondent to consider the claim of the petitioner for compassionate appointment by following due process of law within a stipulated time to meet the ends of justice.

5. Accordingly, this writ petition is disposed of with the following directions:

1. The third respondent shall consider the claim of the petitioner for compassionate appointment, if he submitted all requisite documents, within a period of eight weeks from the date of receipt of a copy of this order.

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2. If all documents are not furnished by the petitioner to substantiate his claim, the third respondent shall intimate the same to the petitioner to submit the relevant documents.

No costs.

24.03.2025 NCC:yes/no Index:yes/no Internet:yes/no Sn To:

1.The Commissioner, Adi-Dravidar Welfare Department, Ezhilagam, Chepauk, Chennai - 600005.

2.The Director, Directorate of Adi-Dravidar Welfare, Ezhilagam, Chepauk, Chennai - 600005.

3.The District Adi-Dravidar And Tribal Welfare Officer, District Collectorate, Virudhunagar, Virudhunagar District.

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BATTU DEVANAND , J.

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