M.Ganesan, v. The Commissioner Of Municipal
W.P(MD)No.633 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2021
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P(MD)No.633 of 2019 M.Ganesan ... Petitioner Vs.
1.The Commissioner of Municipal Administration, O/o. the Commissioner of Municipal Administration, Ezhilagam, 6th Floor, Chennai - 600 005.
2.Thanjavur Municipality, Rep. by its Commissioner, Thanjavur - 613 001.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to provide compassionate appointment to the petitioner in the post of Sweeper in the 2nd respondent Municipality within the time period stipulated by this Court. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.S.Shanmugavel, Standing Counsel for Govt. for R1 Mr.J.Gunaseelan Muthiah Standing Counsel for R2
ORDER
The prayer in this writ petition is for issuance of a writ of mandamus, directing the respondents to provide compassionate appointment to the petitioner in the post of Sweeper in the second respondent Municipality.
2. The case of the petitioner is that his mother was working as Sweeper in the second respondent Municipality and she died on 27.09.2003, while she was in service. On 03.03.2006, the petitioner made an application to the second respondent, seeking compassionate appointment, enclosing all necessary documents. However, no order has been passed.
Hence, the petitioner has submitted a representation on 18.01.2018, requesting to grant appointment on compassionate ground. But, till date, the same was not considered by the respondents. Hence, the petitioner has come out with the present Writ Petition.
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W.P(MD)No.633 of 2019
3. Even though the petitioner has made a larger relief, in the hearing today, the learned counsel appearing for the petitioner restricted the prayer and submitted that it would suffice, if there is a direction to the second respondent to dispose the representation of the petitioner dated 18.01.2018.
4. The learned Standing counsel appearing for the second respondent would submit that the writ petitioner's application has been pending with the respondents and the same will be considered in due course by the respondent municipality.
5. Considering the limited scope of prayer now sought for by the learned counsel for the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the second respondent to consider the petitioner's representation dated 18.01.2018 on its own merits and in accordance with law and pass orders as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this orders and communicate the status of the application to the petitioner.
6. With the above direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) vsm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Commissioner of Municipal Administration, O/o. the Commissioner of Municipal Administration,Ezhilagam, 6th Floor, Chennai - 600 005.
2.The Commissioner, Thanjavur Municipality,Thanjavur - 613 001.
+1 CC to M/s.T.LAJAPATHI ROY, Advocate (SR-26617[F]dated 18/08/2021) W.P(MD)No.633 of 2019 17.08.2021 RK (27.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2