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Madras High CourtWP(MD)/24855/2025disposed of

K.Ayyanar v. The Director(Administration),

2025-11-04Honourable Mr Justice K.Kumaresh Babu5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04/11/2025

CORAM

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and W.M.P(MD).No.19520 of 2025 K.Ayyanar, ... Petitioner Vs

1. The Director(Administration),, State Express Transport Corporation, Tamil Nadu Limited (SETC), Chennai..

2. The Branch Manager,, State Express Transport Corporation, Tamil Nadu Limited (SETC), Sengottai, Tenkasi District..

... Respondents PRAYER :-Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned letter in No.Dip 1936/MaVa2/AViPoKa/2013 (foj vz;/og;1936/kt2/mtp 1/5

nghf/2013) dated 05.10.2024 passed by the first respondent and quash the same consequently to direct the respondents to appoint the petitioner any employment for compassionate ground based on his qualification on the death of his father namely Late.R.Krishnasamy within a time stipulated fixed by this Court.

For Petitioner : Mr.K.Kevinkaran, For Respondent : Mr.K.Senthil Kumar

ORDER

This writ petition is filed to call for the records pertaining to the impugned letter in No.Dip 1936/MaVa2/AViPoKa/2013 (foj vz;/og; 1936/kt2/mtp nghf/2013) dated 05.10.2024 passed by the first respondent and quash the same consequently to direct the respondents to appoint the petitioner any employment for compassionate ground based on his qualification on the death of his father namely Late.R.Krishnasamy.

2. The request for appointment of the petitioner on compassionate ground arising from the death of his father had been returned indicating that the petitioner had been advised by an Ophthalmologist to wear 2/5

glasses and, therefore, he could be considered only if he produced a certificate of fitness from the ophthalmologist.

3. Having found that the petitioner is entitled to appointment on compassionate grounds, it is for the respondents to remove the penurious circumstances, in which the family has been placed by appointing any one of the legal heirs of the deceased employee to a suitable post. It is not necessary that he should be appointed only as a driver. Hence, the reasons attributed by the respondents in the impugned order deserve to be interfered with. Accordingly, the writ petition stands allowed and the impugned order is set aside with a direction to the first respondent to accommodate the petitioner in any one of the suitable vacancies available with the respondents. Such exercise shall be carried out within a period of twelve weeks from the date of receipt of a copy of this order. No Costs. Consequently, connected miscellaneous petition is closed. 04.11.2025 TTA 3/5

TO

1. The Director(Administration),, State Express Transport Corporation, Tamil Nadu Limited (SETC), Chennai..

2. The Branch Manager,, State Express Transport Corporation, Tamil Nadu Limited (SETC), Sengottai, Tenkasi District..

4/5

K.KUMARESH BABU,J TTA

ORDER

IN WP(MD) No.24855 of 2025 Date : 04/11/2025 5/5