Parthasarathi A v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.07.2023
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI A.Parthasarathi ... Petitioner Vs.
1.The District Collector, Office of District Collector, Thanjavur District, Thanjavur.
2.The Commissioner, Thanjavur Panchayat Union, Thanjavur.
3.The Block Divisional Officer, Office of Block Divisional Office, Thanjavur.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondent Nos. 1 to 3 to grant compassionate ground appointment to the petitioner for the death of her mother Late.A.Kalai Selvi while in service died on 23.12.2014, based on the 2nd respondent's communication in Na.Ka.No.4453/2017/A6 dated 07.11.2017 and his subsequent reminder letter in Na.Ka.No.4453/2017/A6 1/5
dated 24.05.2018 by considering her representation dated 03.06.2023, within the period stipulated by this Court.
For Petitioner : Mrs.Veda for Mr.A.Haja Mohideen For R1 & R2 : Mr.M.Prakash Additional Government Pleader For R3 : Mr.T.Amjad Khan Government Advocate
ORDER
The present writ petition has been filed seeking direction to the respondents 1 to 3 to grant compassionate ground appointment to the petitioner for the death of her mother Late.A.Kalai Selvi while in service who died on 23.12.2014, based on the 2nd respondent's communication in Na.Ka.No. 4453/2017/A6 dated 07.11.2017 and his subsequent reminder letter in Na.Ka.No.4453/2017/A6 dated 24.05.2018 by considering her representation dated 03.06.2023, within the period stipulated by this Court.
2. By consent of both the parties, this writ petition is taken up for final disposal at the stage of admissions itself.
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3. The petitioner's mother served as Nutrition Officer under the 2nd respondent under the scheme of Puratchi Thalaivar MGR Nutrition Scheme with effect from 27.01.1999. She worked for nearly 24 years under the 2nd respondent and at the time of her service, on 23.12.2014, she died of heart attack.
4. The petitioner's father within a period of 3 years on 07.11.2017 made a representation seeking appointment to the petitioner on compassionate ground. However, the same was not considered. The petitioner was a minor at the time of death of his mother. In the meanwhile, on 24.05.2018, the 2nd respondent has sent a reminder seeking necessary documents for considering the application of the petitioner seeking employment on compassionate ground. The said exercise was completed by the petitioner's father as required by the 2nd respondent. Thereafter, the petitioner sent a reminder in the form of representation on 03.06.2023 and the same is not considered.
5. It is needless to say that whenever a representation is made to statutory authority, the same has to be considered in one way or other. If not, it would amount to dereliction of duty. Hence, this Court is inclined to direct the 1st respondent to consider the representation of the petitioner, dated 03.06.2023 3/5
within a period of twelve (12) weeks from the date of receipt of a copy of this order.
6. With the above said directions, this Writ Petition stands allowed. No costs.
05.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The District Collector, Office of District Collector, Thanjavur District, Thanjavur.
2.The Commissioner, Thanjavur Panchayat Union, Thanjavur.
3.The Block Divisional Officer, Office of Block Divisional Office, Thanjavur.
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L.VICTORIA GOWRI, J.
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