P.Vijay Sri Durga Devi v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.16556 of 2024 P.Vijay Sri Durga Devi ... Petitioner Vs.

1.The Director, Department of Public Libraries, Anna Salai, Mount Road, Chennai - 600 002.

2.The District Library Officer, O/o. The District Library Office, Tirunelveli - 627 002, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondent No.2 to provide compassionate appointment to the petitioner in any available post based on her educational qualification by considering the petitioner's application dated 03.07.2024 within time stipulated by this Court.

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For Petitioner : Mr.I.Pinaygash For Respondents : Mr.J.Ashok Additional Government Pleader

ORDER

The petitioner has filed this Writ Petition seeking for a Writ of Mandamus directing the second respondent to provide compassionate appointment to the petitioner in any available post, based on her educational qualification by considering the petitioner's application dated 03.07.2024 within time stipulated by this Court.

2. Heard Mr.I.Pinaygash, learned counsel for the petitioner and Mr.J.Ashok, learned Additional Government Pleader for the respondents.

3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 2/6

4. The petitioner herein had given a request / application / representation to the respondents on 03.07.2024 to provide compassionate appointment. Since the said representation was not considered by the respondents so far, the present writ petition has been filed.

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 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. 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 a direction to consider the representation of the petitioner within a specified time frame.

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6. In the light of the above observations, there shall be a direction to the respondents to consider the petitioner's request / application / representation dated 03.07.2024 on its own merits and pass appropriate orders in accordance with law, within a period of four 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 respondents to consider the same on its own merits.

7. With the above direction, the Writ Petition stands disposed of. No costs.

23.07.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No sm 4/6

To 1.The Director, Department of Public Libraries, Anna Salai, Mount Road, Chennai - 600 002.

2.The District Library Officer, O/o. The District Library Office, Tirunelveli - 627 002, Tirunelveli District.

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R.N.MANJULA , J.

sm Order made in W.P.(MD)No.16556 of 2024 23.07.2024 6/6