M.Arun Kumar v. The Director Of School

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2018 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)No.14190 of 2018 M.Arun Kumar ... Petitioner Vs.

1.The Director of School Education, School Education Directorate, Chennai - 6.

2.The District Educational Officer, District Education Office, Thenkasi, Tirunelveli District.

... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to take necessary and appropriate action to provide the petitioner employment on compassionate grounds based on Na.Ka.No.1016/A1/2016 dated ... 08.2017 of the 2nd respondent. For Petitioner : Mr.D.Selvaraj For Respondents : Mrs.S.Srimathy, Spl.G.P.

ORDER

The prayer sought for in this writ petition is for a Writ of Mandamus, directing the first respondent to take necessary and appropriate action to provide the petitioner employment on compassionate grounds based on Na.Ka.No.1016/A1/2016 dated ... 08.2017 of the 2nd respondent.

2.Heard Mr.D.Selvaraj, learned counsel appearing for the petitioner and Mrs.S.Srimathy, learned Special Government Pleader appearing for the respondents.

3.The petitioner's father one Murugaiah was the B.T.Assistant Teacher and while he was in service, he died in harness on 06.12.2013. The petitioner is the son of the deceased employee. Therefore, being a legal heir, he had made application to the first respondent through the second respondent seeking compassionate appointment. Along with the said application, all necessary certificates also had been filed by the petitioner. 4.Considering the said application as well as the documents filed by the petitioner, the second respondent, by his proceedings nil dated August 2017 in Na.Ka.No.1016/A1/2016 had forwarded the said application along with the necessary application with recommendation to the first respondent, requesting the first respondent to take necessary steps to pass orders for grant of https://hcservices.ecourts.gov.in/hcservices/

compassionate appointment to the petitioner, who is the legal heir of the deceased employee and the application of the petitioner also was filed in time.

5.I have heard the learned Special Government Pleader, who would submit that, in view of the recommendations with forwarding letter made by the second respondent as referred to above, the first respondent consider the application of the petitioner seeking for compassionate appointment on merits and in accordance with law and a decision thereon would be taken by the first respondent, within a time frame.

6.Considering the said submissions made by both sides and also taking into account that the petitioner's application for compassionate appointment has been duly forwarded with the recommendations by the second respondent, this Court is inclined to pass the following order:

"The first respondent is directed to consider the application of the petitioner along with the forwarding letter with recommendations made by the second respondent in Na.Ka.No.1016/A1/2016 nil dated August 2017 and pass orders thereon, on merits and in accordance with law for the appointment of the petitioner in any of the post in commensurate with his qualification on compassionate ground and the needful shall be undertaken by the first respondent, within a period of six weeks from the date of receipt of a copy of this order".

7.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS-I) To 1.The Director of School Education, School Education Directorate, Chennai - 6.

2.The District Educational Officer, District Education Office, Thenkasi, Tirunelveli District.

+1CC to Mr.D.Selvaraj, Advocate, SR.No. 71140 +1CC to the Special Government Pleader SR.No.71357 W.P(MD)No.14190 of 2018 04.07.2018 Arul ES/SKN/RSK/SAR 1/23.10.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/