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J. Mariselvam v. The Commissioner

Madras HC24 Mar 2025WP(MD)/8128/2025

Case brief

AI extract

What is this about?

W.P.(MD)No.8128 of 2025, Madras High Court (Madurai Bench), decided 24.03.2025 by Justice Battu Devanand. Compassionate ground appointment; death of serving Cook father on 31.08.2022; representation dated 15.10.2023; forwarding letter dated 18.04.2024; documents submitted 24.05.2024; Adi-Dravidar Welfare Department; Government Adi-Dravidar Boys Hostel, Kizhavikulam Village, Rajapalayam Taluk, Virudhunagar District; writ of mandamus under Article 226; eight-week time-bound consideration direction; no costs.

What did the court decide?

Writ petition disposed of with directions to the third respondent to consider the petitioner's claim for compassionate appointment within eight weeks if all requisite documents were submitted, and otherwise to intimate the petitioner to furnish the relevant documents; no costs. ¶28

J. Mariselvam Vs The Commissioner — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents should be directed to consider the petitioner's case for appointment as Cook at Government Adi-Dravidar Boys Hostel, Kizhavikulam Village, Rajapalayam Taluk, Virudhunagar District, on compassionate ground based on his representation dated 15.10.2023.

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Court's answer

The Court disposed of the writ petition with a direction to the third respondent to consider the petitioner's claim for compassionate appointment by following due process of law within a stipulated time.

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Ratio / Principle

Direction 1: The third respondent shall consider the petitioner's claim for compassionate appointment, if he submitted all requisite documents, within eight weeks from the date of receipt of a copy of the order.

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Key takeaways

Direction 2: If all documents are not furnished by the petitioner to substantiate his claim, the third respondent shall intimate the petitioner to submit the relevant documents.ratio¶33-35

Detailed headnote1 paragraphs

Mandamus (Art. 226) — Compassionate appointment — Petitioner's father, employed as Cook at Government Adi-Dravidar Boys Hostel, Kizhavikulam Village, Rajapalayam Taluk, Virudhunagar District, died on 31.08.2022; petitioner's representation dated 15.10.2023 was forwarded by the second respondent to the third respondent on 18.04.2024, and the petitioner submitted all relevant documents in person on 24.05.2024, yet his claim was not considered. Held: writ petition disposed of directing the third respondent to consider the claim for compassionate appointment by following due process of law — within eight weeks of receipt of a copy of the order if all requisite documents stand submitted, failing which the third respondent shall intimate the petitioner to furnish the relevant documents. No costs. (Battu Devanand, J.)

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W.P.(MD)No.8128 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 24.03.2025

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CORAM

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THE HONOURABLE MR.JUSTICE BATTU DEVANAND

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W.P.(MD)No.8128 of 2025

J.Mariselvam

... Petitioner

Vs.

1.The Commissioner, Adi-Dravidar Welfare Department, Ezhilagam, Chepauk, Chennai - 600005.

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2.The Director, Directorate of Adi-Dravidar Welfare, Ezhilagam, Chepauk,

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Chennai - 600005.

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3.The District Adi-Dravidar And Tribal Welfare Officer, District Collectorate, Virudhunagar, Virudhunagar District. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's case for appointment in the post of Cook at Government AdiDravidar Boys Hostel situated at Kizhavikulam Village, Rajapalayam Taluk, Virudhunagar District under compassionate ground based on his representation dated 15.10.2023 within the time limit that may be stipulated by this Court.

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

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W.P.(MD)No.8128 of 2025

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For Petitioner : Mr.P.Veerapandi For Respondents : 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 seeking a writ of mandamus directing

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the respondents to consider the petitioner's case for appointment in the post of Cook at Government Adi-Dravidar Boys Hostel situated at Kizhavikulam Village, Rajapalayam Taluk, Virudhunagar District under compassionate ground by considering his representation dated 15.10.2023.

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2. The case of the petitioner is that the petitioner's father, who worked as Cook at Government Adi-Dravidar Boys Hostel died on 31.08.2022. Thereafter, the petitioner submitted a representation, dated 15.10.2023 seeking an employment under compassionate grounds. The second respondent forwarded the same to the third respondent on 18.04.2024. Thereafter, the petitioner personally appeared before the third respondent and submitted all the relevant documents on 24.05.2024. But till now, his claim for compassionate appointment is not considered by the respondents. Aggrieved by the same, the petitioner filed this writ petition.

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

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W.P.(MD)No.8128 of 2025

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3. The Special Government Pleader appearing for the respondents submits that at the time of initial representation of the petitioner, he did not submit the relevant documents. Accordingly, the second respondent informed the third respondent in his letter, dated 18.04.2024, wherein, it is mentioned that the petitioner did not submit the relevant documents for consideration of his claim. But the learned counsel for the petitioner submits that the petitioner appeared in person before the third respondent and submit all the relevant documents on 24.05.2024.

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4. In view of the above, this Court intends to dispose of this writ petition with a direction to the third respondent to consider the claim of the petitioner for compassionate appointment by following due process of law within a stipulated time to meet the ends of justice.

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5. Accordingly, this writ petition is disposed of with the following directions:

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1. The third respondent shall consider the claim of the petitioner for compassionate appointment, if he submitted all requisite documents, within a period of eight weeks from the date of receipt of a copy of this order.

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

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W.P.(MD)No.8128 of 2025

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2. If all documents are not furnished by the petitioner to

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substantiate his claim, the third respondent shall intimate the same to the

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petitioner to submit the relevant documents.