R.Mariammal v. The Principal Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2015

CORAM:

THE HONOURABLE Mr.JUSTICE T.RAJA W.P.(MD)No.15827 of 2015 R.Mariammal ...

Petitioner Vs.

1.The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai 600 009.

2.The Director of Muncipal Administration, Chennai 600 005.

3.The Commissioner, Dindigul Muncipal Corporation, Dindigul.

...

Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to grant the petitioner appointment on compassionate ground by considering her application dated 16.12.2014 on the death of bread winner Shanthayee, who died in harness while working as Sweeper in the 3rd respondent Dindigul Municipal Corporation.

For Petitioner : Mr.W.Pamelin For Respondents : Mr.K.P.Krishnadoss, G.A. for R1 and R2 Mr.J.Lawarance for R3

ORDER

This Writ petition has been filed by the petitioner viz.,R.Mariammal, seeking compassionate appointment due to sudden death of her mother while she was working as Sweeper in Dindigul Municipal Corporation.

2.The petitioner has submitted a representation dated 16.12.2014 before the 3rd respondent for compassionate appointment. As the said representation has not been considered so far, the petitioner has come forward with the present Writ petition.

3.Mr.K.P.Krishnadoss, learned Government Advocate takes notice for the respondents 1 and 2. Mr.J.Lawrance, learned counsel takes notice for the 3rd respondent. Heard the learned counsel for the petitioner, the learned Government Advocate appearing for the respondents 1 and 2 and the learned standing counsel appearing for the 3rd respondent. 4.The learned counsel for the petitioner submitted that the petitioner's father also predeceased the petitioner's mother on 24.04.2008. Therefore, now the petitioner is an orphan. Although these facts were brought before the respondents by producing all the necessary documents, the respondents have not come forward to consider the claim of the petitioner.

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5.In view of the fact that the petitioner has lost her parents, it is not known why the respondents till date have not considered the claim of the petitioner for compassionate appointment. Therefore, this Court hereby directs the petitioner to give the copy of the application dated 16.12.2014 along with this order copy within a period of one week from the date of receipt of a copy of this order. On such receipt of the application, the respondents are directed to consider the same and pass orders on merits and in accordance with law within a period of 8 weeks thereafter.

The Writ petition is disposed of accordingly. No costs. sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To 1.The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai 600 009.

2.The Director of Muncipal Administration, Chennai 600 005.

3.The Commissioner, Dindigul Muncipal Corporation, Dindigul. +one cc to The Special Government Pleader in SR.NO.51306 Madurai Bench of Madras High Court, Madurai.

+one cc to Mr.W.Pamelin, Advocate in SR.No.51651 +one cc to Mr.J.Lawarance, Advocate in SR.No.51769 W.P.(MD)No.15827 of 2015 02.09.2015 CSL/NGM-SS/15.09.2015 2P/7C https://hcservices.ecourts.gov.in/hcservices/