Kannan v. The Commissioner

W.P.(MD) No.20375 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2019

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI W.P.(MD) No.20375 of 2019 Kannan ... Petitioner -VsThe Commssioner Trichirapalli City Muncipal Corporation Trichirapalli ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to consider the petitioner's case for compassionate appointment by considering his representation dated 23.06.2014, 15.06.2015, 30.05.2016 and 18.06.2018.

For Petitioner : Mr.T.Lenin Kumar For Respondent : Mr.S.Sajibeno

ORDER

Heard Mr.T.Lenin Kumar, learned counsel appearing on behalf of the writ petitioner, Mr.S.Sajibeno, learned counsel appearing on behalf of the respondent.

2.This Writ Petition has been filed to direct the respondent to consider the petitioner's case for compassionate appointment by considering his representations dated 23.06.2014, 15.06.2015, 30.05.2016 and 18.06.2018.

3.According to the petitioner, his father Mohan was working as a Sweeper in the respondent Corporation. He died on 15.03.2008 while he was in service, leaving behind himself, two daughters and his mother and his grand-parents as legal heirs. After death of his father, the entire family is in financial crises. His mother was in mental agony, due to the death of his father. She is taking care of other family members by doing coolie work. The petitioner was minor at the time of death of his father and he has completed 12th standard in the year 2014. After becoming major, on 23.06.2014, he made representation to the respondent seeking appointment on compassionate ground. Having receiving the application, the respondent has not passed any order. Again, on 15.06.2015 and https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.20375 of 2019 30.05.2016, he sent representation to the respondent , but no order was passed. Thereafter, he made representation on 18.06.2018 to the Mayor, Trichy City, reiterating all the above facts and the same was forwarded to the respondent Corporation.

4.The learned counsel for the respondent contended that the petitioner made representation after three years from the death of his father and he is not entitled for appointment under compassionate ground and prays for dismissal of this Writ petition. 5.Considering the submission made by the learned counsel for the petitioner and the learned counsel for the respondent, without going into the merits of the case, the respondent is directed to consider the representation of the petitioner, dated 18.06.2018 and pass orders on merits and in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) +1 CC to Mr.T.LENIN KUMAR, Advocate SR-88250. +1 CC to Mr.S.SAJI BINO, Advocate SR-88439. W.P.(MD) No.20375 of 2019 20.09.2019 CS(09.10.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2