Madras High Court
S. Hariharan vs The Chief Engineer on 16 July, 2021
W.P.No.14771 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.07.2021
CORAM :
THE HON'BLE MR.JUSTICE S.S.SUNDAR
W.P.No.14771 of 2021
S. Hariharan ... Petitioner
Vs
The Chief Engineer,
PWD – Central Building
Public Works Department
Puducherry – 6005 001 ... Respondent
Prayer: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus or any other form of writ, order or direction
in the nature of a writ, directing the respondent to decide the
application tendered by the petitoner for his appointment on
compassionate grounds, on their own merits as expeditiously as
possible or within the time frame fixed.
For Petitioner : Mr. D. Murugan
For Respondent : Mr. C. Kathiravan,
Government Advocate
ORDER
This writ petition is filed for issuing a direction to the
respondent to give appointment to the petitioner on compassionate
grounds.
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W.P.No.14771 of 2021
2. It is stated that the petitioner's father was working as an
Assistant in the Public Works Department, Architect Wing,
Puducherry, and he died due to heart attack while in service, on
18.12.2014. The petitioner claims to be the son of the deceased and
he submitted an application on 24.02.2015, before the respondent,
for getting employment on compassionate ground. The petitioner has
also produced before this Court, a judgment and decree of learned
District Munsif Court, Puducherry, dated 18.01.2016, by which the
petitioner, his mother and sister were declared as the legal heirs of
the deceased.
3. Though this Court would normally pass an order directing the
respondent to consider the petitioner's representation on the basis of
the civil court's decree, this Court is of the view that the petitioner's
application has to be considered after due inquiry as to the status of
the petitioner as a legal heir of the deceased Government employee
and about the facts stated in the representation of the petitioner
seeking compassionate appointment. The suit filed by the petitioner
and others was against an individual who is not a rival claimant. The
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W.P.No.14771 of 2021
object of filing the suit against a stranger is not disclosed in the
affidavit filed in support of the writ petition. This Court entertains a
bona fide doubt as to the genuineness and the manner in which the
suit came to be filed and decree obtained. However, this Court has no
positive material to reject the claim as such of the petitioner.
4. Therefore, without expressing any opinion on the merits of
the petitioner's representation or the case projected before this Court
by the petitioner, the respondent is directed to consider the
representation of the petitioner dated 31.07.2016, on merits and in
accordance with law, after holding a proper inquiry as to the status of
the petitioner, and pass appropriate orders within a period of twelve
weeks from the date of receipt of a copy of this order. The writ
petition is disposed of on the above lines. No costs.
16.07.2021
Index : Yes/No
mrn
To
The Chief Engineer,
PWD – Central Building
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W.P.No.14771 of 2021
Public Works Department
Puducherry – 6005 001
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W.P.No.14771 of 2021
S.S. Sundar, J.
(mrn)
W.P.No.14771 of 2021
16.07.2021
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