Vishali. Os v. The Commissioner Cum Joint Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.12.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI O.S.Vishali ... Petitioner Vs.
1.
The Commissioner cum Joint Director, (Employee Group), Tamil Nadu School Education Department, school Education Commissionerate, Chennai.
2.
The Chief Educational Officer, Trichy District.
3.
The Headmaster, Government Higher Secondary School, Thethur, Trichy District.
... Respondents PRAYER : Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to provide compassionate appointment to the petitioner thereby appointing her in any suitable job in the respondents department in the light of the representation of the petitioner's mother dated 20.10.2021 made in
pursuance of her representation dated 17.02.2005, in the light of the proceedings of the 3rd respondent dated 07.06.2022, within a time frame as fixed by this Court.
For Petitioner :
Mr.B.Prahalad Ravi For Respondents :
Mr.S.Saji Bino Special Government Pleader
O R D E R
This writ petition has been filed for issuance of a writ of Mandamus, directing the respondents to provide compassionate appointment to the petitioner, thereby appointing her in any suitable job in the respondents Department, in the light of the representation of the petitioner's mother dated 20.10.2021, made in pursuance of her representation dated 17.02.2005, in the light of the proceedings of the 3rd respondent dated 07.06.2022.
2. The case of the petitioner is that her father died in the year 2004, while he was working as Junior Assistant in the third respondent School. Immediately after his death, the petitioner's mother has made an
application on 17.02.2005, seeking compassionate appointment. However, no order was passed. Thereafter, the petitioner become over-aged, she made an application for providing compassionate appointment on 20.10.2021, to the third respondent. Pursuant to which, on 07.06.2022, the third respondent directed the petitioner's mother to produce all the records and she has also submitted all the relevant documents. However, the petitioner's representation was not considered so far. Hence, the petitioner has filed the present writ petition.
3. The learned counsel appearing for the petitioner would submit that this Court may issue a direction to the third respondent to conclude the proceedings dated 07.06.2022, by appointing the petitioner in any suitable job in the respondent Department.
4. Heard the learned counsel for the petitioner and learned Special Government Pleader appearing for the respondents.
5. Considering the limited request made by the learned counsel for the petitioner, this Court directs the third respondent to consider the petitioner's representation dated 20.10.2021 and pass appropriate orders and conclude the compassionate appointment proceedings dated 07.06.2022, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
6. With the above directions, this Writ Petition is disposed of. No costs.
23.12.2022 Index : Yes / No Speaking Order : Yes / No akv
To 1.
The Commissioner cum Joint Director, (Employee Group), Tamil Nadu School Education Department, school Education Commissionerate, Chennai.
2.
The Chief Educational Officer, Trichy District.
3.
The Headmaster, Government Higher Secondary School, Thethur, Trichy District.
M.DHANDAPANI,J.
akv 23.12.2022