Devi .S v. The Genaral Manager
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2024
CORAM
THE HONOURABLE MS JUSTICE R.N.MANJULA S.Devi ... Petitioner Vs.
1.The General Manager, Tamil Nadu State Transport Corporation, Tirunelveli Region, Vannarpettai, Tirunelveli District.
2.The Assistant Manager (Appointments), Tamil Nadu State Transport Corporation, Tirunelveli Region, Vannarpettai, Tirunelveli District.
3.The Branch Manager, Tamil Nadu State Transport Corporation, Thiruchendur Depot, Thoothukudi District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to give compassionate appointment to the petitioner by considering the petitioner's representations dated 19.06.2020 and 21.06.2020.
For Petitioner : Mr.A.Robinson For Respondents : Mr.K.Ramaiah, Standing Counsel for TNSTC 1/5
O R D E R
Heard Mr.A.Robinson, learned counsel appearing for the petitioner and Mr.K.Ramaiah, learned Standing Counsel appearing for the respondents.
2. This Writ Petition has been filed seeking direction to the respondents to provide employment to the petitioner on compassionate grounds by considering the petitioner's representations dated 19.06.2020 and 21.06.2020.
3. The petitioner is the wife of the deceased Suyambulingam, who was working as a Tradesman in the respondent Corporation. The petitioner's husband was missing since 07.06.2004 and thereafter, the petitioner has filed a suit in O.S.No.191 of 2018 before the learned District Munsif, Tiruchendur seeking to declare her husband presumed to be a civilly dead. On 19.02.2019, the petitioner got decree and the learned District Munsif, Tiruchendur, declared that her husband presumed to be dead person. Thereafter, the petitioner had made applications before the respondents seeking appointment to his son on compassionate grounds and the same is now pending and it is kept under Serial No.637.
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4. Mr.A.Robinson, learned counsel appearing for the petitioner submitted that even in the year 2020, the very same reply was given by the respondent Department stating that the name of the petitioner's son is kept in Serial No.637 and till now, the petitioner's son has not been given with any employment under compassionate grounds.
5. Since the application of the petitioner seeking appointment on compassionate grounds to his son is kept pending for more than five years, I feel that the respondents are directed to accommodate the petitioner in any one of the post in the respondent Department.
6. In view of the above, the Writ Petition is disposed of with a direction to the respondents to accommodate the petitioner in any of the post suitable to his qualification which falls under the compassionate appointment Scheme and release the appointment order to the petitioner's son within a period of five weeks from the date of receipt of a copy of this order. 10.06.2024 NCC:yes/no Index:yes/no Internet:yes/no TSG 3/5
To 1.The General Manager, Tamil Nadu State Transport Corporation, Tirunelveli Region, Vannarpettai, Tirunelveli District.
2.The Assistant Manager (Appointments), Tamil Nadu State Transport Corporation, Tirunelveli Region, Vannarpettai, Tirunelveli District.
3.The Branch Manager, Tamil Nadu State Transport Corporation, Thiruchendur Depot, Thoothukudi District.
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R.N.MANJULA, J.
TSG 10.06.2024 5/5