T. Muthukrishnan v. The Dirctor
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.12.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH Muthukrishnan ... Petitioner vs.
1.The Director, Director of School Education, DPI Campus, College Road, Chennai-600 006.
2.The Chief Educational Officer, Chief Educational Office, Pudukottai.
3.The District Educational Officer, District Educational Office, Pudukkottai.
4.The Assistant Elementary Educational Officer, Assistant Elementary Educational Office, Arimalam, Pudukkottai.
5.The Block Development Officer, Block Development Office, Mirattanilai, Arimalam, Pudukkottai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondents to provide compassionate appointment to the petitioner by considering the petitioner's representation dated 04.11.2019. For Petitioner : Mr.K.Srinivasaragavan For Respondents : Mr.A.Thiagarajan Government Advocate.
O R D E R
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
2. The limited prayer sought for in the present writ petition is that to consider the representation dated 04.11.2019 seeking for compassionate appointment.
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3.Whenever a representation is made to a statutory authority to redress the claim of the employee, there is a duty cast upon the respondents to consider the same on its own merit and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. Such an inaction would amount to dereliction of duties and thereby this Court would be justified in invoking its extraordinary powers under Article 226 of Constitution of India and thereby direct the such authority to consider the representation within the stipulated time.
4.In view of the above observations, there shall be a direction to the second respondent herein to consider the petitioner's representation dated 04.11.2019 on its own merits and pass appropriate orders within a period of three months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of the view with regard to the claim made by the petitioner in his representation. It is for the second respondent to consider it in accordance with law. 5.With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (crl.side) // True Copy // Sub Assistant Registrar(CS ) cp To:- 1.The Director, Director of School Education, DPI Campus, College Road, Chennai-600 006.
2.The Chief Educational Officer, Chief Educational Office, Pudukottai.
3.The District Educational Officer, District Educational Office, Pudukkottai.
4.The Assistant Elementary Educational Officer, Assistant Elementary Educational Office, Arimalam, Pudukkottai.
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5.The Block Development Officer, Block Development Office, Mirattanilai, Arimalam, Pudukkottai District.
+1 CC to SPL GP ( SR-103273[F] dated 04/12/2019 ) +1 CC to Mr.K.SRINIVASARAGAVAN, Advocate ( SR-103679[F] dated 05/12/2019 ) 03.12.2019 MK (20.12.2019) 3P 8C 3/3