Y.Jeridhas, v. The Secretary To The Government Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD) No.15293 of 2025 Y.Jeridhas : Petitioner Vs.
1. The Secretary to the Government of Tamil Nadu Transport Department, Secretariat, Chennai.
2. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Rep by its Managing Director, Tirunelveli Division, Kattapomman Nagar, V.M.Chathiram, Tirunelveli.
3. The Tamil Nadu State Transport Corporation (Tirunelveli ) Ltd., Rep by its General Manager, Nagercoil Region, Ranithottam, Nagercoil.
: Respondents P RAYER:
Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to provide employment to the petitioner on compassionate grounds in 1/6
commensurate with his educational qualification on the demise of the petitioners father P.Yesudhas, (T2D920021) Special Grade Driver (Level
4) under the third respondent corporation by considering the petitioners application dated 08.02.2023 within a time stipulated by this Court. For Petitioner : Mr.R.Murugan For Respondents : Mr.D.Jebaraj for R1 and R2 Mr.S.C.Herold Singh for R3
O R D E R
The writ petition has been filed for the issuance of a writ of Mandamus, directing the respondents to provide employment to the petitioner on compassionate ground in commensurate with his educational qualification on the demise of the petitioner's father P.Yesudhas (T2D920021), Special Grade Driver (Level 4), under the third respondent corporation by considering his application dated 08.02.2023, within a time stipulated by this Court.
2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
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3.The petitioner's father, who was employed as a Special Grade Driver (Level 4) under the third respondent, passed away on 21.12.2022 during the course of his employment. Following his father's demise, the petitioner submitted an application on 08.02.2023 seeking compassionate appointment. Pursuant to this, the third respondent, by proceedings dated 04.07.2023, called the petitioner for an interview scheduled on 06.07.2023 to assess his eligibility and directed him to appear with the necessary documents. The petitioner appeared for the interview on 06.07.2023 as directed and subsequently, by proceedings dated 10.10.2023, the third respondent requested the petitioner to produce medical certificates, which were duly submitted by the petitioner. However, no further progress has been made in considering the petitioner's case.
In this regard, the petitioner submitted a representation dated 08.02.2023 to the second respondent, requesting that his candidature for compassionate appointment may be considered. As no action has been taken on the said representation, the petitioner has now filed the present writ petition.
4. The learned counsel for the petitioner would submit that, it would suffice, if this Court issues a direction to the second respondent 3/6
to consider the representation of the petitioner and pass appropriate orders, within a time frame that may be stipulated by this court.
5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.
6. In the light of the above observations, there shall be a direction to the second respondent to consider the petitioner's representation dated 08.02.2023, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open 4/6
to the second respondent to consider the same on its own merits.
7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. 05.06.2025 Index : Yes / No Internet : Yes / No PKN To
1. The Secretary to the Government of Tamil Nadu Transport Department, Secretariat, Chennai.
2. The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Rep by its Managing Director, Tirunelveli Division, Kattapomman Nagar, V.M.Chathiram, Tirunelveli.
3. The Tamil Nadu State Transport Corporation (Tirunelveli ) Ltd., Rep by its General Manager, Nagercoil Region, Ranithottam, Nagercoil.
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VIVEK KUMAR SINGH, J.
PKN W.P.(MD) No.15293 of 2025 05.06.2025 6/6