Muthumani.M v. The Principal Chief Conservator Of Forest

,BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.07.2023

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Muthumani ... Petitioner Vs.

1.The Principal Chief Conservator of Forest, Head of the Forest Force, Panagal Maligai, Saidapet, Chennai-15.

2.The District Forest Officer, Tuticorin District, Tuticorin.

... 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 to consider the petitioner for appointment on compassionate grounds in any suitable post in the Respondent department within the time frame stipulated by this Court by considering the representation given by the petitioner, dated 05.07.2023.

For Petitioner : Mr.K.Vinoharan For Respondents : Mr.P.Thambidurai Government Advocate 1/5

ORDER

The present writ petition has been filed seeking direction to the respondent to consider the petitioner for appointment on compassionate grounds in any suitable post in the Respondent department within the time frame stipulated by this Court by considering the representation given by the petitioner, dated 05.07.2023.

2. The petitioner's husband Muthukumar was working in the respondent department as Forest Guard. While he was in service, on 16.12.2018, he met with an accident and passed away leaving behind the petitioner and her minor children. The petitioner is qualified in SSLC and has completed her type writing in both Tamil and English. Hence, she made an application seeking appointment on compassionate ground to the respondents. The petitioner thereafter received a communication, dated 31.07.2018 from the 2nd respondent calling upon the petitioner to submit necessary documents. Thereafter, the 2nd respondent sent another communication, dated 07.11.2020 wherein it was informed that the petitioner's application was forwarded to the 1st respondent and the 1st respondent vide communication, dated 22.10.2020 sought for a 2/5

certificate to show that no other person in the family is employed in the Government or private sectors. In the meanwhile, the petitioner again sent a reminder on 05.07.2023 to the 1st respondent for a speedy consideration. Despite the same, her claim was not considered. Hence, this writ petition came to be filed. The learned counsel for the petitioner pressed for allowing the writ petition.

3. However, the learned Government advocate contended that the application of the petitioner has already been positively considered and that is pending before the 1st respondent for appropriate appreciation.

4. Heard Mr.K.Vinoharan, learned counsel for the petitioner and Mr.P.Thambidurai, learned Government advocate for the respondents and perused the materials available on record.

5. In view of the submission made by the learned Government Advocate, this Court is inclined to direct the respondents to immediately consider the petitioner's appointment on compassionate ground. This is an application made within time and the family seems to be in penury. In view of the same, this Court is inclined to direct the respondents to dispose of the application of the 3/5

petitioner seeking compassionate appointment positively within a period of four (4) weeks from the date of receipt of a copy of this order.

6. With the above said observations, this Writ Petition stands disposed of. No costs.

14.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Principal Chief Conservator of Forest, Head of the Forest Force, Panagal Maligai, Saidapet, Chennai-15.

2.The District Forest Officer, Tuticorin District, Tuticorin.

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L.VICTORIA GOWRI, J.

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