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Madras High CourtWP(MD)/29309/2023allowed

Navaladi Ravikumar.D v. The Director

2023-12-12Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.25325 of 2023 D.Navaladi Ravikumar ... Petitioner Vs.

1.The Director, School Education Department, Chennai-600 006.

2.The District Educational Officer, District Education Office, Dindigul District.

3.The District Educational Officer (Secondary Education), Palani, Dindigul District.

4.The Assistant District Educational Officer-cumBlock Educational Officer, Oddanchatram Block, Oddanchatram, Dindigul District.

... Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order in Moo.Mu.No.20895/J3/2013, dated 12.04.2014 passed by the first respondent and consequently impugned proceeding in O.Mu.No.6438/A1/2022, dated 24.01.2023 passed by the third respondent, quash the same and consequently directing the first respondent to appoint the petitioner in any suitable job an compassionate grounds. For Petitioner : Mr.M.Prabu For Respondents : Mr.N.GA.Natraj Government Advocate

ORDER

With the consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. The present writ petition has been filed challenging the order passed by the first respondent herein, wherein the request of the petitioner seeking compassionate appointment has been rejected.

3. According to the learned Counsel appearing for the writ petitioner, the petitioner's father, who was working as a Head Master in the Panchayat Union Middle School had died in harness on 12.09.2005. The petitioner has submitted 2/5

an application on 06.08.2008 seeking compassionate appointment. The petitioner has submitted all the relevant records including an integrated certificate issued by the Tahsildar. The petitioner has also submitted No Objection Certificate from the other legal heirs of the deceased, who are qualified to get an employment. However, without considering the said documents, the present impugned order has been passed by the first respondent herein.

4. In view of the above said facts, the order impugned in the writ petition is set aside. The matter is remitted back to the file of the first respondent herein for fresh consideration in the light of the fact that the other legal heirs have given consent and the petitioner has already obtained an integrated certificate from Tahsildar. The second respondent is directed to forward all the documents to the first respondent herein within a period of two (2) weeks from the date of receipt of a copy of this order. The first respondent is directed to consider the same and pass orders within a period of eight (8) weeks thereafter. 3/5

5. This writ petition stands allowed to the extent as stated above. There shall be no order as to costs. Consequently, connected Miscellaneous Petition stands closed.

12.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Director, School Education Department, Chennai-600 006.

2.The District Educational Officer, District Education Office, Dindigul District.

3.The District Educational Officer (Secondary Education), Palani, Dindigul District.

4.The Assistant District Educational Officer-cumBlock Educational Officer, Oddanchatram Block, Oddanchatram, Dindigul District.

4/5

R.VIJAYAKUMAR, J.

BTR 12.12.2023 5/5