R.Muneeswari, v. The Director Of Medical
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.10.2016
CORAM
THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD) No.20182 of 2016 R.Muneeswari ... Petitioner -vs1. The Director of Medical Education, Kilpauk, Chennai.
2. The Dean, The Madurai Medical College, Madurai - 625 002.
3. The District Collector, Madurai District, Madurai.
... Respondents 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 on compassionate ground by considering her representation dated 01.07.2016. For Petitioner : Mr.V.A.Dhana Aravindha Balaji For Respondents : Mr.M.Murugan Government Advocate
O R D E R
This Writ Petition has been filed seeking a direction to the respondents to appoint the petitioner on compassionate ground by considering her representation dated 01.07.2016. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate, who takes notice for the respondents. By consent the writ petition itself is taken up for final disposal at the admission stage.
3.The petitioner's husband by name K.Rajapandi, who was working as hospital worker in the second respondent medical college, died in harness on 12.01.2005. At the time of his death, the petitioner and her children were the legal heirs. The petitioner has given an application on 26.09.2005 to the second respondent, seeking for appointment to the post of Junior Assistant on compassionate ground. The second respondent forwarded the application to the Director of Medical Education/first respondent herein on 04.10.2006. In turn, the first respondent has forwarded the same to the Chief Minister's cell on 19.12.2007. For the past 11 years, the application is kept pending without any orders being passed and that made the petitioner to give another representation to the third respondent on 26.05.2014. 4.
The learned counsel for the petitioner would submit that even though the application for compassionate appointment is submitted in time, the petitioner was not given appointment without any rhyme or reason. It is stated in the representation that the pension amount, which is being paid at the rate of Rs.6,000/- per month is not sufficient to bring up her children. Pointing out that the application is pending for 11 years, the learned counsel appearing for the petitioner seeks direction to the respondents 2 and 3 to consider the representation within the limited time frame.
5.The learned Government Advocate appearing for the respondents would submit that the case of the petitioner would be sympathetically considered and appropriate orders will be passed within a period of four weeks.
6.Accordingly, the third respondent is directed to take immediate action on the petitioner's representation dated 26.05.2014 and to pass orders on merits in accordance with law within a period of four weeks from the date of receipt of a copy of this order.
7.The Writ Petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar
To
1. The Director of Medical Education, Kilpauk, Chennai.
2. The Dean, The Madurai Medical College, Madurai - 625 002.
3. The District Collector, Madurai District, Madurai.
+ 1 CC TO M/S.DHANA LAW ASSOCIATES, IN SR No. 62475 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 62961 MJ TE/GSV-PM : 18/11/2016 : 3P/6C WP(MD)No.20182 of 2016 21.10.2016