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Madras High CourtWP(MD)/13206/2020disposed of

T. Muthu Kannan v. The Managing Director

2020-10-01Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.10.2020

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR T.Muthu Kannan

...Petitioner

-Vs1.The Managing Director, The Tamil Nadu State Transport Corporation,(Madurai) Limited, Madurai, Madurai District.

2.The General Manager, The Tamil Nadu State Transport Corporation,(Madurai) Limited, Madurai Region, Madurai.

3.The Branch Manager, The Tamil Nadu State Transport Corporation,(Madurai) Limited, Madurai Region,Melur Branch, Madurai.

...Respondents

Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 10.09.2020 seeking for an appointment on compassionate ground to any of the post commensurate with the petitioner's qualification within the period that may be stipulated by this Court.

For Petitioner :

Mr.H.Mohammed Ifran for M/s.Ajmal Associates For Respondents :

Mr.J.Senthil Kumaraiah Standing Counsel

ORDER

The prayer sought for in this writ petition is for a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 10.09.2020 seeking for an appointment on compassionate ground to any of the post commensurate with the petitioner's qualification within the period that may be stipulated by this Court.

2. The petitioner's father M.Dharmar was working as an employee at the transport corporation, however, suddenly, died on 29.09.2012 while he was in service. Because of the sudden death of the father of the petitioner as he was the bread winner of the family, the family of the petitioner has been put under the indigent 1/3

circumstances and therefore, in order to bail out the family of the petitioner, somebody from the family of the petitioner has to be considered for compassionate appointment by the respondents transport corporation. Therefore, in this regard, on 18.09.2013, the petitioner has given an application in format seeking compassionate appointment from the respondents transport corporation, however, the said representation, so far, has not been considered, hence the petitioner has moved this writ petition for the aforesaid prayer.

3. I have heard Mr.H.Mohammed Ifran, learned counsel appearing for the petitioner, who would submit that, if the representation of the petitioner is directed to be considered, on merits and in accordance with law, by the respondents within the time frame to be stipulated by this Court, the petitioner would be satisfied.

4. I have heard Mr.J.Senthil Kumaraiah, learned Standing Counsel appearing for the respondents, who would submit that, the application of the petitioner, dated 28.07.2014 would be considered by the respondents on merits and in accordance with law and orders to that effect would be passed within the time frame to be stipulated by this Court.

5. I have heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents. I have perused the materials available on record.

6. Considering the limited scope of the prayer sought for by the petitioner in this writ petition, this Court is inclined to dispose of this writ petition with the following orders:- "that the respondents are hereby directed to consider the application of the petitioner dated 28.07.2014 seeking compassionate appointment for the petitioner and accordingly decide the same on merits and in accordance with law and orders to that effect shall be passed and communicate the same to the petitioner, within a period of twelve (12) weeks from the date of receipt of a copy of this order."

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

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) Am 2/3

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 Managing Director, The Tamil Nadu State Transport Corporation,(Madurai) Limited, Madurai, Madurai District.

2.The General Manager, The Tamil Nadu State Transport Corporation,(Madurai) Limited, Madurai Region, Madurai.

3.The Branch Manager, The Tamil Nadu State Transport Corporation,(Madurai) Limited, Madurai Region,Melur Branch, Madurai.

Order made in Dated:

01.10.2020 (SGS)CO AP(05/01/2021) 3 P 4C 3/3