M.Sathish Kumar v. The Principal Secretary To Govt
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :03.11.2020
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY M.Sathish Kumar
...Petitioner
Vs 1.The Principal Secretary to Government, Transport Department, Fort St.George, Secretariat, Chennai - 9.
2.The Tamilnadu State Transport Corporation (Madurai) Ltd., represented by its Managing Director, Madurai Region, Bye-pass Road, Madurai.
3.The Tamilnadu State Transport Corporation (Madurai) Ltd., represented by its General Manager, Madurai Region, Bye-pass Road, Madurai.
4.The Tamilnadu State Transport Corporation (Madurai) Ltd., represented by its Branch Manager, Melur Region, Melur, Madurai District.
...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to provide employment to the petitioner on compassionate ground, by considering the petitioner's application dated 22.6.2016. For Petitioner : Mr.S.Ananth For R1 : Mr.B.Bhagavathy Government Advocate For R2 to R4 : Mr.J.Senthil Kumaraiah
ORDER
This writ petition is filed to direct the respondents to provide employment to the petitioner on compassionate ground, by considering the application dated 22.6.2016.
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2.By consent of both parties, the writ petition is taken up for final disposal at the stage of admission itself. 3.It is the case of the petitioner that his father, namely, V.Mani, was working as Conductor in the respondent department and his father died on 19.11.2015, leaving behind the petitioner, his mother, younger sister and younger brother and maternal grandmother as his legal heirs. Thereafter, the petitioner has made an application dated 22.06.2016 before the 4th respondent for providing a job on compassionate ground along with the No Objection Letter of all legal heirs with the following documents:- i) Death Certificate of the petitioner's father, V.Mani.
ii) Legal Heirship Certificate iii) No Objection Letter given by the legal heirs iv) Higher Secondary & Senior Secondary Certificates v) Degree Certificates vi) Community Certificate vii) Recommendation Certification issued by the Tahsildar. 4.Though the 4th respondent has forwarded the petitioner's application dated 22.06.2016 to the 2nd respondent for taking necessary action, so far no action has been taken. Hence, the petitioner is before this Court.
5.Mr.J.Senthil Kumaraiah, learned standing counsel appearing for the respondents 2 to 4 would submit that the petitioner's application dated 22.06.2016 will be disposed of within a time frame to be fixed by this Court.
6.In view of the submission made by the learned counsel on either side, this Court is inclined to pass the following direction:- the 2nd respondent is directed to consider the petitioner's application dated 22.06.2016 and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, without making any further delay in its decision making process;
7.With the above direction, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3
mm 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 Principal Secretary to Government, Transport Department, Fort St.George, Secretariat, Chennai - 9.
2.The Managing Director, Tamilnadu State Transport Corporation (Madurai) Ltd., Madurai Region, Bye-pass Road, Madurai.
3.The General Manager, Tamilnadu State Transport Corporation (Madurai) Ltd., Madurai Region, Bye-pass Road, Madurai.
4.The Branch Manager, Tamilnadu State Transport Corporation (Madurai) Ltd., Melur Region, Melur, Madurai District.
+1 CC to SGP ( SR-21148[F] dated 04/11/2020 ) 03.11.2020 CK(CO) NR (19/11/2020) 3P : 6C 3/3