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Madras High CourtWP(MD)/20021/2017disposed of

K.S.Sudhakar, v. The Principal Secretary To

2019-03-21Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.20021 of 2017 K.S.Sudhakar ... Petitioner vs.

1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.

2.The Principal Secretary and Commissioner of Revenue Administration, Ezhilagam, Chepuak, Chennai - 600 005.

3.The District Collector, Ramanathapuram District.

Ramanathapuram.

... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent i.e. the Principal Secretary to Government, Revenue Department, Chennai to pass appropriate orders on the petitioners appeal dated 21.08.2017 regarding appointment on compassionate grounds by relaxing the condition stipulated under G.O.(Perm) No.9 Labour and Employment Department, dated 19.01.1998 so as to facilitate the appointment of the petitioner on compassionate grounds by the District Collector, Ramanathapuram within a specified time frame that may be fixed by this Court. For Petitioner : Mr.S.Visvalingam For Respondents : Mr.V.Anand Government Advocate

ORDER

The Writ Petition is filed seeking a direction to the the first respondent to pass appropriate orders on the petitioner's

appeal dated 21.08.2017 within a time frame as fixed by this Court.

2. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials available on record.

3. The case of the petitioner is that his father namely K.Swaminathan, while serving as Village Assistant, died on 03.06.2017. Seeking compassionate appointment, the petitioner made a representation on 03.07.2017 to the respondents. However, the same was rejected by the third respondent. Aggrieved against the said rejection order, the petitioner filed an appeal on 21.08.2017 before the first respondent. Since the same has not been disposed of, he is before this Court seeking appropriate direction.

4. The learned Government Advocate appearing for the respondents would submit that the appeal filed by the petitioner would be disposed of within a time frame as fixed by this Court.

5. In view of the above, without going into the merits of the case, the first respondent is directed to dispose of the petitioner's appeal dated 21.08.2017, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

6. The Writ Petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To 1.The Principal Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.

2.The Principal Secretary and Commissioner of Revenue Administration, Ezhilagam, Chepuak, Chennai - 600 005.

3.The District Collector, Ramanathapuram District.

Ramanathapuram.

+1 cc to Mr.S.Visvalingam , Advocate SR.No.55565 +1 cc to The Special Government Pleader Sr.No.56126 ssl W.P(MD)No.20021 of 2017 21.03.2019 KM/(26.04.2019) 3P 6C