Madras High CourtWP(MD)/5906/2016disposed of

V. Sivananaintha Perumal v. V.O.Chidambaranar Port Trust

2016-03-24Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2016 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Writ Petition (MD) No.5906 of 2016 V.Sivananaintha Perumal ... Petitioner Vs.

1.V.O.Chidambaranar Port Trust, represented by its Chairman, Thoothukudi.

2.The Traffic Manager, Traffic Department - Establishment Section, V.O.Chidambaranar Port Trust, Thoothukudi.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 herein to appoint the petitioner herein to a post commensurate with his qualification on the ground of compassionate appointment as per the representation dated 01.02.2016.

For Petitioner : Ms.R.Hema Latha For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader.

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 to a post commensurate with his qualification on compassionate grounds based on his representation dated 01.02.2016. 2.Heard the learned counsel for the petitioner. Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader takes notice for the respondents.

3.According to the petitioner, the first respondent who is a port trust has a scheme for appointment on compassionate grounds for the legal heirs of the deceased or the retired employees on the ground of medical invalidation.

4.It is submitted that the petitioner's father was a carpenter who retired on medical grounds on the recommendation of the medical board. Hence, the petitioner who is the son of the employee has applied for appointment on compassionate grounds and his name found 19th place in the list of candidates who have registered for appointment on compassionate grounds as on 31.05.2003. Despite several requests made to the respondents, there was no response from them. The last of such representation was given by the petitioner is on 01.02.2016. Since no order has been passed, the petitioner has come up with the above writ petition.

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5.Considering the above stated facts and circumstances and without expressing any view on the claim made by the petitioner, the writ petition is disposed of, directing the respondents to consider the representation of the petitioner dated 01.02.2016 and pass orders, on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order. No costs. Consequently, W.M.P(MD)No.5238 of 2016 is closed.

Sd/- Assistant Registrar(P&A) /True copy/ Sub AssistantRegistrar To 1.The Chairman, V.O.Chidambaranar Port Trust, Thoothukudi.

2.The Traffic Manager, Traffic Department - Establishment Section, V.O.Chidambaranar Port Trust, Thoothukudi.

+1cc to Mr.R.Hemalatha, Advocate SR.No.17030 sm:GSV-PM:05.04.2016:2P/4c Writ Petition (MD) No.5906 of 2016 24.03.2016 https://hcservices.ecourts.gov.in/hcservices/