S.Arul Murugan v. The Principal Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH K.Arul Murugan ... Petitioner -vs1.The Principal Secretary, Department of Labour and Employment, Fort St. George, State Secretariat, Chennai - 600 009.
2.The Principal Secretariat, Department of Agricultural Human Resources, Fort St.George, State Secretariat, Chennai - 600 001.
3.The Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board, Kuralagam, Chennai - 600 104.
4. Zonal Deputy Director, Trichy Khadhi and Village Industries Board, Trichy - 620 001.
5.The District Collector, District Collectorate Office, Thanjavur - 613 001.
6.The Assistant Director, Assistant Director Office, Khadi and Village Industries, Tanjavur District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to provide employment to the petitioner on compassionate grounds consequent to the death of the petitioner's father in accordance with law, within the time stipulated by this Court, by considering the representation letter dated 09.04.2025. For Petitioner : Mr.C.Nishanth Periyaarasu For R1, R2 and R5 : Mr.K.Balasubramani Special Government Pleader For R3, R4 and R6 : Mr.C.Raja Kumar Standing Counsel
ORDER
This Writ Petition has been filed seeking a direction to the respondents to consider and provide employment to the petitioner on compassionate grounds, consequent to the death of the petitioner's father, in accordance with law and within the time stipulated by this Court, based on the representation dated 09.04.2025.
2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
3. According to the petitioner, his father was employed with the respondent Department and passed away on 24.05.2012 while in service. Following his demise, the petitioner submitted a representation dated 09.04.2025, seeking appointment on compassionate grounds, as per the applicable rules and Government policy. Despite a lapse of reasonable time, no action has been taken by the respondents on the said representation. The inaction of the respondents has caused hardship to the petitioner, who is in need of immediate support due to the sudden loss of the sole breadwinner of the family. Hence, the petitioner has approached this Court seeking appropriate directions to the respondents to consider his representation and provide suitable employment on compassionate grounds, within the time frame as may be fixed by this Court.
4. Heard both sides.
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 him 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, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.
6. In the light of the above observations, there shall be a direction to the second respondent herein to consider the petitioner's representation dated 09.04.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the second respondent to consider the same on its own merits.
7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.
NCC : Yes / No 27.06.2025 Index : Yes / No smn2
To:- 1.The Principal Secretary, Department of Labour and Employment, Fort St. George, State Secretariat, Chennai - 600 009.
2.The Principal Secretariat, Department of Agricultural Human Resources, Fort St.George, State Secretariat, Chennai - 600 001.
3.The Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board, Kuralagam, Chennai - 600 104.
4. Zonal Deputy Director, Trichy Khadhi and Village Industries Board, Trichy - 620 001.
5.The District Collector, District Collectorate Office, Thanjavur - 613 001.
6.The Assistant Director, Assistant Director Office, Khadi and Village Industries, Tanjavur District.
VIVEK KUMAR SINGH , J.
smn2 27.06.2025