Ragunath Prabhu C.P v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI C.P.Ragunath Prabhu ... Petitioner versus

1. The Managing Director, Tamil Nadu State Transport Corporation, Madurai Region, Bye-Pass Road, Madurai.

2. The General Manager, Tamil Nadu State Transport Corporation, Dindigul Region, Dindigul District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of writ of mandamus, to direct the second respondent to consider the representation of the petitioner dated 06.11.2021 to provide an employment to the petitioner on compassionate ground to any entry level post, within the period stipulated by this Court.

For Petitioner : Mr.K.Ponnaiah For Respondents : Mr.S.C.Herold Singh

ORDER

This writ petition is filed for a mandamus, directing the second respondent to consider the petitioner's representation dated 06.11.2021 and to provide employment to the petitioner on compassionate ground to any entry level post within the time stipulated by this Court.

2. The learned counsel appearing for the petitioner submits that the petitioner's father one S.Prabhu, who was working as Conductor in the second respondent Office, died on 31.10.2003, leaving the petitioner, his mother and brother in indigenous circumstances. Therefore, the petitioner's mother made an application to the second respondent, requesting him to provide compassionate appointment to the petitioner. Since the said application has not been considered by the respondent, the petitioner has made another representation dated 06.11.2021 to the respondents, requesting them to provide compassionate appointment at 1/3

least in any entry level post, considering his indigenous circumstances that his family is suffering without any employment for the past 18 years. However, there is no response from the respondent. Therefore, the petitioner is before this Court.

3. Mr.S.C.Herold Singh, learned Standing Counsel appearing for the respondents produced written instructions of the General Manager of the respondent Corporation and submits that there are so many applications pending for compassionate appointment, the petitioner's application was at serial No.99 in the seniority list and they are considering it on seniority wise.

4. This Court paid its anxious consideration to the rival submissions made.

5. The petitioner's father, who was working as Conductor in the respondent Corporation, died in the year 2003. The petitioner's mother made an application to the second respondent, requesting him to provide compassionate appointment to the petitioner. It is seen that the respondents are not denying the candidature of the petitioner on any other technical ground, however, the respondents have not provided compassionate appointment to the petitioner on the ground that number of applications for compassionate appointment are pending. The object of providing compassionate appointment is to help the deceased family with some monetary benefits. Admittedly, the petitioner's father died in the year 2003 and the respondents have not provided any job to the petitioner for the past 18 years. Moreover, the petitioner is an Engineering Graduate in B.E. Electrical & Electronics and his family is also in indigenous circumstances for the past 18 years without any employment. It is not known whether the petitioner would be accommodated in any post in the near future or not.

6. In view of the above, the writ petition is disposed of with a direction to the respondents to provide compassionate appointment to the petitioner at least in the entry level post within a period of eight months from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) ogy 2/3

To

1. The Managing Director, Tamil Nadu State Transport Corporation, Madurai Region, Bye-Pass Road, Madurai.

2. The General Manager, Tamil Nadu State Transport Corporation, Dindigul Region, Dindigul District.

+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-39668[F] dated 21/12/2021 ) +1 CC to M/s.K.PONNAIAH, Advocate ( SR-39809[F] dated 21/12/2021 ) 20.12.2021 RK(16/03/2022) 3P 5C 3/3