K.Saranya v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA K.Saranya ... Petitioner vs.

1.The Commissioner, Civil Supplies and Consumer Protection, Ezhilagam, 4th Floor, Chepauk, Chennai - 600 005.

2.The Managing Director, Tamil Nadu Civil Supplies Corporation, No.12, Thambuswamy Salai, Kilpauk, Chennai - 10.

3.The Senior Regional Manager, Tamil Nadu Civil Supplies Corporation, Gopalapuram, Chennai - 9.

4.The Tahsildar, Nagapattinam Taluk, Nagapattinam District.

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5.The Tahsildar, Srirangam Taluk, Trichy District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 4 and 5 to issue Integrated Certificate to the petitioner to enable the second respondent to consider her case for employment on compassionate grounds, by considering her applications dated 24.10.2023 and 06.06.2024 respectively.

For Petitioner :

Mr.T.Leninkumar For Respondents :

Mr.S.Shanmugavel, Additional Government Pleader for R2, R4 and R5 Ms.S.Devasena Standing Counsel for R1 and R3

O R D E R

Heard Mr.T.Leninkumar, learned counsel appearing for the petitioner, Mr.S.Shanmugavel, learned Additional Government Pleader appearing for the respondents 2, 4 and 5 and Ms.S.Devasena, learned standing counsel for the respondents 1 and 3. 2/6

2. The petitioner has filed this petition seeking to issue a Writ of Mandamus directing the respondents 4 and 5 to issue Integrated Certificate to her enabling the second respondent to consider her case for employment on compassionate grounds, by considering the applications dated 24.10.2023 and 06.06.2024 respectively.

3. The petitioner who has been considered for appointment on compassionate grounds was directed by the second respondent to produce Integrated Certificate. The petitioner has also applied for the Certificate before the respondents 4 and 5. However, till date, Integrated Certificate has not been issued and in view of the same, her appointment on compassionate grounds is kept pending. Hence, the petition.

4. Since the very purpose of the petitioner's request to the respondents 4 and 5 is in order to expedite the release of compassionate appointment, the respondents 4 and 5 shall consider the request of the petitioner and pass appropriate orders.

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5. However, the grievance of the petitioner is that when she approached the fourth respondent, the fourth respondent directed her to approach the fifth respondent and when she approached the fifth respondent, the fifth respondent re-directed her to the fourth respondent.

6. The petitioner has been living in Trichy for the past 10 years including the period during which her husband died. The rightful person to consider the representation of the petitioner will be the fifth respondent and hence, the fifth respondent shall pass appropriate orders without making the petitioner to loiter between the two verandas of the above Government Offices. Though as a routine course, the husband's place of residence would be the rightful jurisdiction, the real fact situation that the petitioner was living with her husband within the jurisdiction of Trichy should have been considered.

7. In view of the above observations, the writ petition is disposed of and the fifth respondent is directed to consider the applications of the petitioner dated 24.10.2023 and 06.06.2024 and pass 4/6

appropriate orders within a period of two weeks from the date of receipt of a copy of this order. No costs.

21.06.2024 NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi To 1.The Managing Director, Tamil Nadu Civil Supplies Corporation, No.12, Thambuswamy Salai, Kilpauk, Chennai - 10.

2.The Tahsildar, Nagapattinam Taluk, Nagapattinam District.

3.The Tahsildar, Srirangam Taluk, Trichy District.

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R.N.MANJULA, J.

mbi 21.06.2024 6/6