M.Kannan Vs The Additional Secretary to Governmnet

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in Na.Ka.No.18651/2023 Mjp6, dated 23.02.2025 passed by the third respondent and quash the same as illegal and consequently direct the respondents 2 and 3 to provide any Government Job equivalent to the petitioner's educational qualification and other reliefs in SC/ST(POA) Rules, 1995.

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W.P.(MD)No.7811 of 2025

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For Petitioner : Mr.SMA Jinnah For Respondents : Mr.Veerakathiravan Additional Advocate General -III assisted by Mr.P.Subbaraj Special Government Pleader

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O R D E R

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This writ petition has been filed against the order dated 23.02.2025 passed by the third respondent, wherein the request of the petitioner to provide any Government Job equivalent to his educational qualification and other benefits in Schedule Caste and Schedule Tribes (Prevention of Atrocities) Rules, 1995 (hereinafter referred to as 'SC/ST(POA) Rules' for brevity), has been rejected.

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2. Considering the fact that the third respondent has erroneously passed the impugned order, without considering the facts and circumstances of the case in proper manner, wherein the request of the petitioner has been rejected, this Court ordered appearance of the third respondent before this Court to clarify the same. Accordingly, Ms.Sangeetha, I.A.S., District Collector, Madurai District, present before this Court. She submits through Mr.Veerakathiravan, learned Additional Advocate General -III, that during her tenure out of 54 claims made under the SC/ST (POA) Rules, in 53 cases, family members of the victims were provided with compassionate appointment by strictly following the SC/ST

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(POA) Rules. The learned Senior Counsel further submits that the third respondent intends to withdraw the order impugned in this writ petition and to pass fresh orders by examining the entire issues comprehensively once again. The third respondent, who is present in the Court, gave oral undertaking to that effect.

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3. This Court opines that the request made by the third respondent is reasonable.

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4. Considering the undertaking given by the third respondent, who is present before this Court, that she will withdraw the impugned order and pass appropriate order afresh, after examination of the entire issues comprehensively by following due process of law, in my considered view, no further orders are required in the present writ petition. Accordingly, this Writ Petition is closed. The third respondent shall pass order to withdraw the impugned order forthwith and pass order afresh by following due process of law, within a period of four

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(4) weeks from today (i.e., 28.04.2025). No costs.

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28.04.2025

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NCC:yes/no Index:yes/no Internet:yes/no Rmk

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W.P.(MD)No.7811 of 2025