P.Vijayalakshmi v. The Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2024
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.26037 of 2024 P.Vijayalakshmi ... Petitioner Vs 1.The Secretary, Government of Tamil Nadu, Adi Dravidar of Tribal Welfare Department, Fort St. George, Chennai - 600 009.
2.The District Collector, Thoothukudi District.
3.The District Revenue Officer(Special), District Collector Office, Thoothukudi District.
4.The District Adi Dravidar and Tribal Welfare Officer, District Collector Office, Thoothukudi District.
5.The Director, National Commission for Schedule Castes and Scheduled Tribes, Government of India, 2nd Floor, Block-5, Shastri Bhavan, Chennai - 600 006.
6.The Inspector of Police, Perumalpuram Police Station, Tirunelveli District.
...Respondents
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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing respondents to provide compassionate appointment to the petitioner's second son namely P.Ajay Kumar by considering his educational qualification as per Serial 46 of Annexure - I read with Rule 12(4) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Rules, 2016 based on petitioners representation dated 23.05.2024 within the time limit that may be stipulated by this Court. For Petitioner : Mr.D.Selvanayagam For Respondents : Mr.S.S.Madhavan Government Advocate for R1 to R4 & R6
ORDER
The instant writ petition has been filed by the mother of the victim under the Scheduled Caste/Scheduled Tribes(Prevention of Atrocities Act) seeking employment to her second son based upon her representation dated 23.05.2024. 2.According to the learned Counsel appearing for the writ petitioner, the first son of the petitioner was murdered due to caste discrimination on 31.12.2023 and an FIR was registered in Crime No.728 of 2023 on the file of Perumalpuram Police Station, Tirunelveli. A charge sheet has also been laid before the II Additional District and Session Court(PCR), Tirunelveli in 2/5
S.C.No.8 of 2024 and it is pending trial.
3.The petitioner has given a representation to the second respondent on 23.05.2024 seeking employment to her second son on the basis of Serial No.46 of Annexure-I r/w Rule 12(4) of the Scheduled Caste/Scheduled Tribes((Prevention of Atrocities) amendment Rules, 2016. 4.In view of the above said facts, the second respondent is directed to consider the representation of the writ petitioner dated 23.05.2024 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. 5.With the above said observations, this writ petition stands disposed of. No costs.
29.10.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/5
To 1.The Secretary, Government of Tamil Nadu, Adi Dravidar of Tribal Welfare Department, Fort St. George, Chennai - 600 009.
2.The District Collector, Thoothukudi District.
3.The District Revenue Officer(Special), District Collector Office, Thoothukudi District.
4.The District Adi Dravidar and Tribal Welfare Officer, District Collector Office, Thoothukudi District.
5.The Director, National Commission for Schedule Castes and Scheduled Tribes, Government of India, 2nd Floor, Block-5, Shastri Bhavan, Chennai - 600 006.
6.The Inspector of Police, Perumalpuram Police Station, Tirunelveli District.
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R.VIJAYAKUMAR , J.
RJR W.P.(MD)No.26037 of 2024 29.10.2024 5/5