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Madras High CourtWP(MD)/23456/2016disposed of

P.Suman, v. The General Manager

2016-12-02Honourable Dr. Justice S. Vimala3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COUT DATED : 02.12.2016 CORAM :

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.23456 of 2016 P.Suman .. Petitioner Vs.

1.The General Manager (Administration), State Express Transport Corporation Ltd. Tamil Nadu, Thiruvalluvar House, Pallavan Salai, Chennai.

2.The Branch Manager,(Administration), State Express Transport Corporation Ltd. Tamil Nadu, Meenakshipuram, Nagercoil, Kanyakumari District.

.. Respondents Prayer:- Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to appoint the petitioner on compassionate ground in any of the suitable post in State Express Transport Corporation Limited Tamil Nadu within a time frame by this Court by considering the representation of the petitioner dated 16.11.2016.

For Petitioner : Mr.C.Kishore For Respondents : Mr.K.Sathiyasingh

ORDER

This writ petition has been filed for issuance of Writ of Mandamus, directing the respondents to appoint the petitioner on compassionate ground in any of the suitable post in State Express Transport Corporation Limited, Tamil Nadu, by considering the representation of the petitioner dated 16.11.2016.

2.Heard the learned counsel appearing for the petitioner and the learned counsel, who took notice for the respondents. By consent, the writ petition itself is taken up for final disposal. 3.The case of the petitioner is that the petitioner's father Mr.A.Preman, who was a driver, working in the respondent Corporation, died on 24.12.2011 due to heart attack, while in service, leaving behind his wife, the petitioner and his brother namely Sudhan, as his legal representatives. The petitioner, who is a diploma holder in Mechanical Engineering, applied to the respondents for appointment on compassionate ground. As the same was not considered, the petitioner filed W.P(MD)No.4525 of 2015 before this Court, wherein this Court directed the respondents to consider the representation of the petitioner in accordance with law.

Accordingly, the first respondent by the communications dated 31.03.2015 and 27.05.2015, has informed that his name has been included in the list of candidates seeking employment on compassionate grounds and he will be considered while filling up the upcoming vacancies. Since he has not been considered so far, he sent another representation dated 16.11.2016 and the same has also not been considered. Therefore, this writ petition has been filed.

4.The learned counsel for the respondents submitted that it is agreeable for the respondents to consider the representation of the petitioner dated 16.11.2016 and to pass orders.

5.Recording the above submission, this Writ Petition is disposed of directing the respondents to consider the representation of the petitioner dated 16.11.2016, and to 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(W) /True copy/ Sub Assistant Registrar To 1.The General Manager (Administration), State Express Transport Corporation Ltd. Tamil Nadu, Thiruvalluvar House, Pallavan Salai, Chennai.

2.The Branch Manager,(Administration) State Express Transport Corporation Ltd. Tamil Nadu, Meenakshipuram, Nagercoil, Kanyakumari District.

+1 cc to M/s.C.Kishore, Advocate in SR.No.78469 +1 cc to M/s.K.Sathiya Singh, Advocate in SR.No. 79649 smn CSL/SS-2/03.01.2017 :3P/5C ORDER MADE IN W.P(MD)No.23456 of 2016 02.12.2016