P.Jeevarani v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.17763 of 2025 P.Jeevarani ... Petitioner -vs1. The State of Tamil Nadu, Rep by its Secretary Government, Education Department, Fort St George, Chennai 600 009.

2. The Director of School Education, College Road, Nungampakkam, Chennai - 6.

3. The Chief Educational Officer, Tirunelveli District, Tirunelveli.

4. The District Educational Officer, Valliyoor, Tirunelveli District.

5. The Block Educational Officer, Nanguneri, Tirunelveli District.

... Respondents 1/6

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to take action of petitioner's application for suitable appointment on compassionate ground dated 06.12.2009, 06.03.2010 and 09.02.2016 within a time stipulated by this Honble court and pass such further or other orders as this Court. For Petitioner : MrD.Paul Bright Singh For Respondents : Mr.M.Siddharthan Additional Government Pleader

ORDER

This writ petition has been filed seeking a direction to the respondents to take action on the petitioner's applications dated 06.12.2009, 06.03.2010 and 09.02.2016 seeking suitable appointment on compassionate ground within a time stipulated by this Court.

2. By consent of both parties, this writ petition is disposed at the stage of admission itself.

3. The petitioner's mother was working as 'Secondary Grade Teacher' in Union Primary School, Iynthangalchery, Tirunelveli District. During her service, she died on 08.05.2007. Thereafter, the petitioner submitted an 2/6

application on 06.12.2009 before the respondents seeking compassionate appointment. Since there was no progress, he further made applications on 06.03.2010 and on 07.03.2016 seeking the very same relief. The petitioner received the letter from the fifth respondent pointing out certain discrepancies, which were rectified by the petitioner. The fourth respondent also issued letters pointing out the same issues. Thereafter, no action was taken. Till date, the applications of the petitioner are pending without any progress. Hence, the petitioner has filed the present Writ Petition.

4. The learned Additional Government Pleader appearing for the respondents submitted that the petitioner's applications are pending for want of certain documents and if the petitioner produces the relevant documents as required for compassionate appointment, the same will be considered.

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, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its 3/6

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 petitioner to produce all the relevant documents as required by the third respondent for the claim of compassionate appointment within a period of two weeks from the date of receipt of a copy of this order and the third respondent, in turn shall consider the case of the petitioner, on its own merits and pass appropriate orders in accordance with law, within a period of one months from the date of receipt of the documents from the petitioner. 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 respondents to consider the same on its own merits.

7. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 02.07.2025 NCC : Yes/No Index : Yes / No sm 4/6

TO:-

1. The Secretary Government, Education Department, Fort St George, Chennai 600 009.

2. The Director of School Education, College Road, Nungampakkam, Chennai - 6.

3. The Chief Educational Officer, Tirunelveli District, Tirunelveli.

4. The District Educational Officer, Valliyoor, Tirunelveli District.

5. The Block Educational Officer, Nanguneri, Tirunelveli District.

5/6

VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.17763 of 2025 Dated:

02.07.2025 6/6