C.Prakash, v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2016 CORAM :

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.22026 of 2016 C.Prakash ... Petitioner vs.

The Commissioner, Guddalore Municipality, Theni District.

... Respondent Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondent to appoint him on compassionate ground in any suitable post depending upon his educational qualification within the stipulated time of this Hon'ble Court by considering the petitioner's representation dated 08.12.2015 and 18.12.2015. For Petitioner : Mr.B.Vinothkumar For Respondent : Mr.T.S.Mohammed Mohideen Additional Government Pleader

ORDER

This Writ of Mandamus has been filed, seeking for a direction to the respondent, to appoint the petitioner, on compassionate ground in any suitable post, depending upon his educational qualification, by considering his representations dated 08.12.2015 and 18.12.2015 respectively, within a time frame to be fixed by this Court.

2.The petitioner's father, who was a Sweeper under the respondent on and from 02.01.1990, died in harness on 10.02.2013. The petitioner, as one of the legal heirs of the deceased, made a representation to the respondent on 08.12.2015, seeking appointment on compassionate grounds. The respondent wanted the petitioner to produce the documents and accordingly, all the relevant documents, including the legal heirship certificate, no objection certificate from the other legal heirs and the other required documents were submitted. Despite submission of the required documents, the representations of the petitioner seeking appointment on compassionate grounds, have not been considered. Hence, this writ petition.

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3.The learned Additional Government Pleader appearing for the respondent would submit that it is agreeable for the respondent to consider the representations of the petitioner dated 08.12.2015 and 18.12.2015 respectively, and to pass orders. 4.Recording the above submission, this Writ Petition is disposed of directing the respondent to consider the representations of the petitioner dated 08.12.2015 and 18.12.2015 respectively, and to take a decision and pass orders within a period of four weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To The Commissioner, Guddalore Municipality, Theni District. +1 CC to Mr.B.VINOTH KUMAR, Advocate, SR No.70674 W.P(MD)No.22026 of 2016 17.11.2016 nbi SH/CK/SAR-1:09.12.2016:2P/3C https://hcservices.ecourts.gov.in/hcservices/