Nisha Rajamonika.K v. The Chief Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 10/06/2024

CORAM

The Hon`ble Ms.Justice R.N.MANJULA Nisha Rajamonika.K ... Petitioner Vs

1. The Chief Engineer, Chief Engineer (Agricultural Engineering), No.487, Anna Salai,Nandanam, Chennai - 600 035..

2. The Superintending Engineer, (Agricultural Engineering), Madurai Zone, Madurai..

3. The Executive Engineer (Agri, Cultural Engineering), Madurai..

4. The Assistant Executive Engi, Neer (Agricultural Engineering), No.60, Tpk Road, Madurai - 625 011..

... Respondents PRAYER :-Writ Petition, filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order in Letter No.A/1570/2019 dated 01.08.2023 issued by the 4th respondent and 1/4

quash the same and consequently directing the respondents to appoint the petitioner in any suitable job on compassionate grounds. For Petitioner : Mr.A.Arun Prasad, For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

The writ petition has been filed challenging the impugned of the 4th respondent dated 01.08.2023, whereby the application for appointment of the petitioner seeking appointment on compassionate ground has been rejected.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents.

3. The petitioner's mother, who was working as Assistant Engineer in the respondent department, died on 19.08.2019. Hence, the petitioner as her legal heir has given an application to the respondents to consider her for compassionate appointment. However, his application was rejected.

2/4

4. The learned counsel for the petitioner submitted that the petitioner's had filed an application for compassionate appointment after obtaining no objection certificate from her brother.

5. Since one of the legal heir has given no objection to consider the application of the petitioner, the rejection made has to be interfered with. In fact, the original application submitted by the brother of the petitioner has not been disposed so far. Hence, the application submitted by the petitioner can be considered on its own merits. 6.In view of the same, the writ petition is disposed of and the impugned order is set aside and the matter is remanded back to the respondents with a direction to the respondents to reconsider the petitioner's application afresh and pass orders on merits within a period of four weeks from the date of receipt of a copy of this order. No costs. 10.06.2024 RR 3/4

R.N.MANJULA,J RR

ORDER

IN WP(MD) No.22816 of 2023 Date : 10/06/2024 4/4