K.Rani v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2018

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD).No.15677 of 2018 K.Rani .. Petitioner Vs.

1. The State of Tamil Nadu rep. by its Secretary, Secretariat, Chennai - 600 009.

2. The Commissioner Chepauk, Chennai - 05.

3. The Commissioner Dindigul Corporation, Dindigul - 02.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondent No.3 to appoint the petitioner as Sweeper on compassionate ground with the respondent No.3 Corporation with consequential benefits. For Petitioner : Mr. T.Thirumurugan For Respondents : Mr. D.Muruganantham - for R1 & R2 Additional Government Pleader : Mr.J.Lawrance - for R3

O R D E R

The Prayer sought for in this Writ Petition is to issue a Writ of Mandamus, to direct the 3rd respondent to appoint the petitioner as Sweeper on compassionate ground with the 3rd respondent Corporation with consequential benefits.

2. Heard Mr.T.Thirumurugan, learned counsel appearing for the petitioner, Mr.D.Muruganantham, learned Additional Government Pleader appearing for the respondents 1 & 2 and Mr.J.Lawrance, learned counsel appearing for the 3rd respondent.

3. The grievance of the petitioner is that the petitioner's husband namely, Kaliappan was working at 3rd respondent Corporation as Sweeper and he died on 26.12.2011, while he was in service. In order to get compassionate appointment, the wife of the deceased employee i.e. the petitioner herein had made an application in time to the 3rd respondent Corporation. After considering the same, the 3rd respondent by letter, dated 09.02.2018 directed the petitioner to

submit some more documents for consideration of the application of the petitioner dated 20.12.2013. Accordingly, those documents have been submitted by the petitioner on 28.02.2018 and thereafter, the petitioner has given a representation dated 26.06.2018 to consider the application already filed along with connected documents submitted by the petitioner. Since, no action was forth coming from the respondents, the petitioner is before this Court. 4.The learned Counsel for the petitioner would submit that, if a direction shall be given to the respondents, especially the 3rd respondent to consider the said application along with documents submitted by the petitioner on 28.02.2018 with the representation dated 26.06.2018 within a specified time frame that may be fixed by this Court, the petitioner would be satisfied.

5. I have heard Mr.D.Muruganantham, learned Additional Government Pleader appearing for the respondents 1 & 2 and Mr.J.Lawrance, learned Counsel appearing for the 3rd respondent. They would submit that, the said application of the petitioner seeking compassionate appointment shall be considered by the respondents on merits and in accordance with law and orders to that effect would be passed within a period that may be fixed by this Court.

6. Considering the said submissions made by both sides and taking into account the limited scope of the prayer in this writ petition, this Court is inclined to pass the following order: "that the respondents especially the 3rd respondent is directed to consider the request of the petitioner dated 20.12.2013 along with resubmitted documents dated 28.02.2018 and the representation dated 26.06.2018 with regard to the request of the petitioner for compassionate appointment and pass orders thereon, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order."

7. With these directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar(CS-III) To

1. The Secretary, State of Tamil Nadu Secretariat, Chennai - 600 009.

2. The Commissioner Chepauk, Chennai - 05.

3. The Commissioner Dindigul Corporation, Dindigul - 02.

+1cc to Mr. T.Thirumurugan,Advocate Sr.No.73798 +1cc to Mr.J.Lawrance, Advocate Sr.No.74243 +1cc to SPL.Govt.Pleader, Sr.No.74138 RM KM/BK/SAR3/19.12.2018/3P/7C ORDER MADE IN W.P.(MD).No.15677 of 2018 19.07.2018