R.Dharmavelu v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.25235 of 2023 R.Dharmavelu

...Petitioner

Vs.

1. The State of Tamil Nadu, Represented by its Secretary, Public Health and Family Welfare Department, Fort St.George, Chennai - 600 009.

2. The Director, Public Health and Preventive Medicine, Chennai - 600 006.

3. The Deputy Director of Health Services, Ramanathapuram, Ramanathapuram District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to provide the petitioner any suitable job on the basis of his educational qualification as per his application dated 29.06.2021 on compassionate grounds within the stipulated time that may be fixed by this Court. 1/5

For Petitioner : Mr.R.Karthic Rajan For Respondents : Mr.R.Sureshkumar Additional Government Pleader

O R D E R

The present Writ Petition has been filed by the petitioner seeking a mandamus as against the respondents herein to grant appointment to the writ petitioner on compassionate ground.

2. The petitioner's father, namely, M.Ramasamy, who was working as Field Assistant in Mandabam Government Primary Health Centre, Ramanathapuram District, died on 06.09.2020. The petitioner has submitted an application on 29.06.2021 seeking compassionate appointment. According to the petitioner, the other legal heirs has also given no objection to him. This application has been forwarded by the Block Medical Officer, Government Primary Health Centre, Uchipuli, Ramanathapuram to the third respondent herein on 02.07.2021. Thereafter, the third respondent has forwarded the same to the second respondent herein on 03.08.2022. 2/5

3. The second respondent by his proceedings dated 20.04.2023 has forwarded the same to the first respondent. As on today, the application seeking compassionate appointment is pending before the first respondent. Hence, the present writ petition.

4. The learned Special Government Pleader appearing for the respondents, on instructions, submits that as on today there is no vacancy available in the said department. As and when vacancy arises, the case of the petitioner would be considered on merits and in accordance with law. The undertaking of the respondents is recorded.

5. Accordingly, this Writ petition stands disposed of with a direction to the first respondent to consider the request of the writ petitioner for appointment on compassionate ground as and when vacancy arises. There shall be no order as to costs.

18.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5

To

1. The Secretary, Public Health and Family Welfare Department, Fort St.George, Chennai - 600 009.

2. The Director, Public Health and Preventive Medicine, Chennai - 600 006.

3. The Deputy Director of Health Services, Ramanathapuram, Ramanathapuram District.

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R.VIJAYAKUMAR,J.

ebsi W.P(MD)No.25235 of 2023 18.10.2023 5/5