K.Pon Ayyappan v. The State Of Tamil Nadu Rep By Its
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.24640 of 2023 K.Pon Ayyappan ... Petitioner Vs 1.The State of Tamil Nadu Represented by its Secretary, Adi-Dravidar & Tribal Welfare Department, Secretariat, Chennai.
2.The Director, Adi-Dravidar & Tribal Welfare Department, Chepauk, Chennai.
3.The District Collector, Dindigul District, Dindigul.
4.The District Welfare Officer, Adi-Dravidar & Tribal Welfare Department, Dindigul District, Dindigul.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, to direct the respondents to appoint the petitioner on the basis of his educational qualification as relief for murdering her father Late.Karnan on 13.05.2011 in the light of Annexure-I of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Rules, 1995 by considering the petitioner's representation dated 12.09.2023 and 29.09.2023 within the time stipulated by this Court.
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For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.A.Baskaran Additional Government Pleader
O R D E R
The instant writ petition has been filed by the son of a victim under the Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Rules, 1995, seeking a mandamus to provide appointment on the basis of his educational qualification.
2.According to the learned Counsel appearing for the writ petitioner, the petitioner's father was murdered on 11.05.2021 and an FIR has been registered in Crime No.197 of 2011 on the file of the Taluk Police Station, Palani under Sections 302, 394 r/w 34 of IPC and Section 325 of SC/ST Act and the charge sheet has been laid before the learned Judicial Magistrate, Palani in P.R.C.No.10 of 2017. The said case has been transferred to learned District and Sessions Court, Dindigul and it is pending in Spl.S.C.No.20 of 2020. 2/5
3.According to the learned Counsel appearing for the writ petitioner, though they are entitled to receive compensation under SC/ST(PoA) Rules, 1995, they have not been provided with the said benefits. In addition to the said compensation, according to the learned Counsel appearing for the writ petitioner, one of the family members of the deceased is entitled to get Government employment. The petitioner has given a representation to the said effect on 12.09.2023 and 29.09.2023 to the fourth respondent. 4.On the basis of the written instructions received from the fourth respondent, the learned Additional Government Pleader submits that the fourth respondent has already forwarded the said files to the third respondent to consider granting employment to the writ petitioner on 23.09.2024.
However, so far, the third respondent has not passed any orders. 5.Considering the above said facts, the third respondent is directed to consider the proposals forwarded by the fourth respondent on 23.09.2024 in the light of the SC/ST(PoA) Rules, 1995 and pass orders within a period of twelve 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.
25.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No RJR To 1.The Secretary, Adi-Dravidar & Tribal Welfare Department, Secretariat, Chennai.
2.The Director, Adi-Dravidar & Tribal Welfare Department, Chepauk, Chennai.
3.The District Collector, Dindigul District, Dindigul.
4.The District Welfare Officer, Adi-Dravidar & Tribal Welfare Department, Dindigul District, Dindigul.
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R.VIJAYAKUMAR,J.
RJR W.P(MD)No.24640 of 2023 25.11.2024 5/5