A.Santham, v. The Salt Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2016 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Writ Petition (MD) No.2343 of 2016 A.Santham ... Petitioner Vs.

1.The Salt Commissioner, Lavan Bhavan, P.B.No.139, 2A, Lavanmarg Shalana Doongri, Jaipur (Rajasthan), Pin 304 004.

2.The Deputy Salt Commissioner, 26, Haddows Road, Sastri Bhawan, P.B.No.706, Chennai 600 006.

3.The Assistant Salt Commissioner, Tuticorin.

4.The Deputy Superintendent of Salt, Nagercoil.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st and 2nd respondent to appoint the petitioner's daughter as clerk in office of the 3rd respondent by considering the representation given by the petitioner dated 21.06.2004 within a period stipulated by this Court.

For Petitioner : Mr.S.Baskar Mathuram For Respondents : Mr.G.Rajaram Central Government Standing Counsel.

ORDER

The petitioner has come up with the above writ petition seeking for the issue of a writ of mandamus to direct the respondents 1 and 2 to appoint the petitioner's daughter as clerk in the office of the third respondent by considering the representation of the petitioner dated 21.06.2004. 2.Heard the learned counsel appearing for the petitioner and Mr.G.Rajaram, learned Central Government Standing Counsel who takes notice for the respondents.

3.The petitioner is the wife of Sundararaj who was working as a Sepoy in Salt Circle Office, Nagercoil and died on 11.12.1993. The writ petitioner has sought for employment for her https://hcservices.ecourts.gov.in/hcservices/

daughter who has completed 12th standard on compassionate grounds and has made an application in the year 2002. The second respondent has also sent a reply stating that as per the Government Standing Orders the compassionate appointment should not exceed 5% of the vacancies in direct recruitment quota and that the said 5% is also over hence, the case of the petitioner could not be considered.

Again on 21.06.2004, another representation has been sent for the same relief which has not been responded by the respondents till today. Hence, the present writ petition has been filed.

4.Learned Central Government Standing Counsel is also not able to say whether there is any vacancy in the above said 5% vacancies to accommodate the petitioner's daughter. As the representation given by the petitioner is of the year 2004, she is directed to make a fresh representation to the respondents within one month and thereafter, the respondents are directed to consider the same and pass appropriate orders on merits and in accordance with law, 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 1.The Salt Commissioner, Lavan Bhavan, P.B.No.139, 2A, Lavanmarg Shalana Doongri, Jaipur (Rajasthan), Pin 304 004.

2.The Deputy Salt Commissioner, 26, Haddows Road, Sastri Bhawan, P.B.No.706, Chennai 600 006.

3.The Assistant Salt Commissioner, Tuticorin. 4.The Deputy Superintendent of Salt, Nagercoil. +One cc to Mr.G.Rajaram, Advocate, SR.No.6489 +One cc to Mr.S.Baskar Mathuram, Advocate, SR.No.6761 sms RL/7C/AAL/MPA/10/2/2016 Writ Petition (MD) No.2343 of 2016 02.02.2016 https://hcservices.ecourts.gov.in/hcservices/