Selvakumaran .P v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2024

CORAM

THE HONOURABLE MS JUSTICE R.N.MANJULA P.Selvakumaran ... Petitioner Vs.

1.The Managing Director, Tamil Nadu State Transport Corporation (Thirunelveli) Limited, Thirunelveli Limited, Thirunelveli-627 003.

2.The General Manager, Tamil Nadu State Transport Corporation (Thirunelveli) Limited, Nagarcoil Region, Ranithottam, Nesamani Nagar, Nagarcoil-629 001.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent viz., the General Manager, Tamil Nadu State Transport Corporation (Thirunelveli) Limited, Nagarcoil Region, Ranithottam, Nesamani Nagar, Nagarcoil-629 001 to provide employment to the petitioner on compassionate ground based on the representation dated 22.05.2023 within a stipulated time. 1/5

For Petitioner : Ms.T.Nithya For R-1 & R-2 : Mr.D.Jebaraj, Panel Advocate (TNSTC)

O R D E R

Heard Ms.T.Nithya, learned counsel appearing for the petitioner and Mr.D.Jebaraj, learned Panel Advocate appearing for the respondents.

2. This Writ Petition has been filed seeking direction to the second respondent to provide employment to the petitioner on compassionate ground based on his representation dated 22.05.2023.

3. The petitioner's father was working as Driver and he died on 02.03.1998, while he was in service. The petitioner sent a representation to the respondents on 22.05.2023 seeking appointment on compassionate grounds. Since the same was not considered, the petitioner has filed this present petition.

4. It is needless to point out that whenever a representation of this nature is made to a Government Authority, there is a duty cast upon the respondents 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, 2/5

non-consideration of the representation by the Government Authority would amount to dereliction of duty. The failure on the part of the authority had prompted the petitioner to file this petition for seeking relief through issuance of Writ of Mandamus. As the petitioner has made out a case for invoking the extraordinary powers of this Court under Article 226 of the Constitution of India, the respondents are required to be given with direction to consider the representation of the petitioner within a specified time frame.

5. In view of the above, the Writ Petition is disposed of with a direction to the second respondent herein to consider the petitioner's representation dated 22.05.2023 and pass appropriate orders on its own merits and in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not gone into the merits of the claim of the petitioner and it is open to the second respondent to consider the same on its own merits. No costs.

10.06.2024 NCC:yes/no Index:yes/no Internet:yes/no TSG 3/5

To 1.The Managing Director, Tamil Nadu State Transport Corporation (Thirunelveli) Limited, Thirunelveli Limited, Thirunelveli-627 003.

2.The General Manager, Tamil Nadu State Transport Corporation (Thirunelveli) Limited, Nagarcoil Region, Ranithottam, Nesamani Nagar, Nagarcoil-629 001.

4/5

R.N.MANJULA, J.

TSG 10.06.2024 5/5