Prabhavathi.S Vs the Principal Secretary to Government

4.The Deputy Director, Health and Sanitary Department, Office of the Health and Sanitary Department, 147, Nerutherichal Salai, Pulavapatti Cross, Tiruppur District. ... Respondents

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https://www.mhc.tn.gov.in/judis

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W.P(MD)NO.20627 of 2021

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PRAYER:

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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 Na.Ka.No.1487/A4/2013, dated 17.09.2021 issued by the fourth respondent and quash the same and consequently direct the respondents to appoint the Petitioner in any suitable job on compassionate grounds.

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For Petitioner : Mr.B.Prasanna Vinoth

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For Respondents : Mr.A.Baskaran Addl.Govt. Pleader

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O R D E R

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This Writ Petition has been filed challenging the impugned order dated 17.09.2021 passed by the fourth respondent rejecting the Petitioner’s request for compassionate appointment.

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2.The Petitioner has primarily challenged the impugned order on the ground that the impugned order is a non-speaking order and it has been passed in violation of principles of natural justice.

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3.Counter has been filed by the respondents giving reasons as to why the Petitioner’s case for compassionate appointment has been rejected. However, in the impugned order, dated 17.9.2021 passed by the fourth respondent, the said reasons are not reflected. Without assigning any reason in the impugned order, dated

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https://www.mhc.tn.gov.in/judis

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W.P(MD)NO.20627 of 2021

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17.09.2021 passed by the fourth respondent, the Petitioner’s request for compassionate appointment has been rejected. Any quasi judicial authority will have to give reasons for rejecting any request. Since the reasons given in the counter affidavit are not reflected in the impugned order and the impugned order is a non speaking order, necessarily the impugned order has to be quashed and the matter has to be remanded back to the very same respondent for fresh consideration, on merits and in accordance with law within the time frame to be fixed by this Court.

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4.For the foregoing reasons, the Writ Petition is allowed and the impugned order, dated 17.09.2021 passed by the fourth respondent rejecting the Petitioner’s request for compassionate appointment is quashed and the matter is remanded back to the fourth respondent for fresh consideration on merits and in accordance with law within the time frame fixed by this Court.

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5.Accordingly, this Court directs the fourth respondent to pass final orders on merits and in accordance with law by adhering to the principles of natural justice and by passing a speaking order within a period of 12 weeks from the date of receipt of a copy of this order. No costs. Consequently connected Miscellaneous Petition is closed

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https://www.mhc.tn.gov.in/judis

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W.P(MD)NO.20627 of 2021

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03.09.2025

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NCS : Yes/No Index : Yes / No Internet : Yes / No vsn

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To

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1.The Principal Secretary to Government, Public Health and Family Welfare Department, Chennai -600 009.

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

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

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4.The Deputy Director, Health and Sanitary Department, Office of the Health and Sanitary Department, 147, Nerutherichal Salai, Pulaapatti Cross, Tiruppur District.

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https://www.mhc.tn.gov.in/judis

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W.P(MD)NO.20627 of 2021

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ABDUL QUDDHOSE.,J.

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vsn

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ORDER MADE IN