C.Pandi, S/O.A.Chinnathambi v. The Commissioner,

W.P.(MD) No.12318 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.12318 of 2018 C.Pandi ... Petitioner -vs1.The Commissioner Municipal Office Devakottai, Sivagangai District 2.Commissioner of Municipal Administration Commissionerate of Municipal Administration Chepauk, Chennai-600 005 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the 2nd respondent to provide the petitioner with compassionate appointment on the ground that he is in indigent living conditions an account of the death of his father who died while in service and is fulfilling all the requirements of the G.O.Ms.No.155, dated 16.07.1993 pertaining to compassionate appointment and the clarifications provided in the circular issued in Na.Ka.No.24349/2001/H2, dated 21.09.2001, issued by the second respondent.

For Petitioner :

Mr.Y.Arulanandasamy For Respondents :

No appearance for R1 Mr.S.Shanmugavel Government Counsel for R2

O R D E R

The prayer in the writ petition is for issuance of a writ of mandamus to direct the respondents provide appointment on compassionate grounds to the petitioner.

2. The case of the petitioner is that his father was working as a permanent Health Worker in the first respondent's office and died on 08.08.2005 while he was in service. Therefore, he submitted a representation on 30.03.2006 to the first respondent seeking compassionate appointment and thereafter, on receipt of a communication dated 29.12.2017, from the respondents, he submitted all the relevant documents. Despite the same, the respondents have not passed any orders on the petitioner's application. Therefore, on 21.04.2018, the petitioner sent a representation to the first respondent seeking early disposal of his earlier representation for compassionate appointment. However, till date the same has not been considered by the respondents and therefore, the petitioner has filed this writ petition.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.12318 of 2018

3. The learned counsel appearing for the petitioner would submit that it would suffice, if a direction is issued to the first respondent to dispose of the representation of the petitioner, dated 21.04.2018.

4. Heard the learned Government Counsel appearing for the second respondent on the above submissions.

5. In view of the limited scope of the prayer sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the first respondent to consider the petitioner's representation, 21.04.2018, on merits and in accordance with law, as early as possible, preferably within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To:

1.The Commissioner Municipal Office Devakottai, Sivagangai District 2.Commissioner of Municipal Administration Commissionerate of Municipal Administration Chepauk, Chennai-600 005 +1 CC to M/s.SPL GP ( SR-25379[F] dated 05/08/2021 ) W.P.(MD) No.12318 of 2018 04.08.2021 KS(CO) KB(11.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2