D.Sridevi v. The Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2025
CORAM
THE HONOURABLE MR.JUSTICE BATTU DEVANAND D.Sridevi ... Petitioner Vs.
1.The Secretary, Government of Tamil Nadu, Adi Dravidar and Tribal Welfare Department, Fort St.George, Chennai 600 009.
2.The District Collector, Sivagangai District.
3.The District Adi Dravidar and Tribal Welfare Officer, District Collector Officer, Sivagangai District.
4.The Director, National Commission for Schedule Castes and Scheduled Tribes, Government of India, 2nd Floor, Block-5, Shastri Bhavan, Chennai 600 006.
5.The Inspector of Police, Palayanoor Police Station, Sivagangai District.
... Respondents 1/5
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records on the file of the second respondent in his proceedings in Se.Mu.Aa.No:W5/588/2022 dated 17.03.2025 and quash the same and consequently directing the respondents 1 to 3 to provide compassionate appointment to the petitioner's son namely D.Gokulakrishnan by considering his educational qualification as per Serial 46 of Annexure-I read with Rule 12(4) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Rules, 2016 and pay compensation of Rs.8,25,000/-.
For Petitioner : Mr.D.Selvanayagam For Respondents : Mr.Ajmal Khan Additional Advocate General-I assisted by Mr.N.Satheeshkumar Additional Government Pleader (for R1 to R3 and R5) Mr.G.Rajaram Senior Central Government Standing Counsel (for R4)
O R D E R
This writ petition is filed against the order dated 17.03.2025 passed by the second respondent, wherein the request of the petitioner to provide compassionate appointment to the petitioner's son by considering his educational qualification as per Serial 46 of Annexure-I read with Rule 12(4) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Rules, 2016 has been rejected.
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2. During the course of hearing, Mr.Ajmalkhan, learned Additional Advocate General-I, submits that order impugned in this writ petition has been withdrawn by the second respondent vide ROC No.W5/588/2022, dated 23.04.2025 and the second respondent will pass orders afresh, after considering the claim of the petitioner comprehensively by following due process of law. A copy of the proceeding dated 23.04.2025 is placed before this Court.
3. In view of the above factual position, as the impugned order has already been withdrawn, in my considered view, no further orders are required in the present writ petition. Accordingly, this Writ Petition is closed. However, the second respondent shall pass orders afresh after examining the entire issues comprehensively by following the due process of law, within a period of eight
(8) weeks from today (i.e., 28.04.2025). No costs. 28.04.2025 NCC:yes/no Index:yes/no Internet:yes/no Rmk 3/5
To:
1.The Secretary, Government of Tamil Nadu, Adi Dravidar and Tribal Welfare Department, Fort St.George, Chennai 600 009.
2.The District Collector, Sivagangai District.
3.The District Adi Dravidar and Tribal Welfare Officer, District Collector Officer, Sivagangai District.
4.The Director, National Commission for Schedule Castes and Scheduled Tribes, Government of India, 2nd Floor, Block-5, Shastri Bhavan, Chennai 600 006.
5.The Inspector of Police, Palayanoor Police Station, Sivagangai District.
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BATTU DEVANAND , J.
Rmk 28.04.2025 5/5