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Madras High CourtWP(MD)/4779/2017disposed of

K.Velpandi v. The Secretary

2019-02-26Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:26.02.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.4779 of 2017 K.Velpandi ... Petitioner vs.

1.The Secretary, Savithabai (Govai ) Hr. Sec. School, Thirunagar, Madurai-625 006.

2.The Chief Educational Officer, Madurai District, Tallakulam, Madurai-2.

3.The District Educational Officer, Railway Mail Service Road, Madurai-625 001.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to appoint the petitioner in any one of the available post in the 1st respondent's school as suitable for the qualification of the petitioner on compassionate ground as per G.O.Ms.No.554 dated 09.04.1990 by considering the petitioner's representation dated 28.12.2016 within the stipulated time prescribed by this Court. For Petitioner : Mr.K.C.Ramalingam For Respondents : Mr.T.Vadivelan for R-1 Mrs.S.Srimathy Special Govt. Pleader for RR-2 & 3

ORDER

The Writ Petition has been filed seeking a direction to the respondents to appoint the petitioner in any one of the available post in the 1st respondent's school as suitable for the qualification of the petitioner on compassionate ground as per G.O.Ms.No.554 dated 09.04.1990 by considering the petitioner's representation dated 28.12.2016 within the stipulated time prescribed by this Court. https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned Counsel appearing for the petitioner and Mr.T.Vadivelan, learned counsel, who takes notice for the first

respondent and Mrs.S.Srimathy, learned Special Government Pleader, who is appearing for the respondents 2 and 3.

3. The case of the petitioner is that his father namely Krishnasamy, died, while he was working as Office Assistant in the first respondent office. Hence, the petitioner has made representations on 26.03.2016 and 28.12.2016 to the respondents, seeking compassionate appointment. Since the same have not been considered so far, the petitioner is constrained to approach this Court by filing this Writ Petition.

4. The learned Special Government Pleader appearing for the respondents 2 and 3 submitted that the representation of the petitioner would be considered within a stipulated time as fixed by this Court.

5. Considering the nature of relief sought for by the petitioner, without going into the merits of the petitioner's case, the respondents 2 and 3 are directed to consider the representation of the petitioner dated 28.12.2016 seeking compassionate appointment and pass appropriate orders on merits and in accordance with law, if there are no other legal impediments, 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 (AD-I) /TRUE COPY/ Sub Assistant Registrar To 1.The Chief Educational Officer, Madurai District, Tallakulam, Madurai-2.

2.The District Educational Officer, Railway Mail Service Road, Madurai-625 001.

+1. C.C. to M/S.K.C.Ramalingam, Advocate SR.No. 50004 +1 cc to Special Government Pleader, SR.No. 50289 W.P(MD) No.4779 of 2017 26.02.2019 VS JM/04.04.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/