IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.12..2009 CORAM: THE HONOURABLE MR. JUSTICE R.SUDHAKAR W.P. No. 6294 of 2009 V. Prabakaran ...Petitioner Vs. 1.The Secretary, Highways Department, Government of Tamilnadu, Fort St. George, Chennai.9. 2.The Chief Engineer (General), Highways Department, Chepauk, Chennai.5. 3.The Superintending Engineer (Highways), Highways Department, Trichy 20. 4.The Divisional Engineer (Highways), Highways Department, Nagapattinam. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the 2nd respondent in his proceedings No.Ni 5(3) 24172/2006, dated 21.6.2007 and quash the same and thereby direct the respondents 1 and 2 to appoint the petitioner in a suitable post in the Highways Department on compassionate grounds. For Petitioner : Mr. N. Suresh For Respondents : Mrs. C.K. Vishnupriya, Addl. Govt. Pleader https://hcservices.ecourts.gov.in/hcservices/ O R D E R This writ petition is filed to call for the records of the 2nd respondent in his proceedings No.Ni 5(3) 24172/2006, dated 21.6.2007 and quash the same and thereby direct the respondents 1 and 2 to appoint the petitioner in a suitable post in the Highways Department on compassionate grounds. 2. The petitioner's father one Vaithiyanathan, who was working as Road Inspector, died on 24.11.1996 while he was in service. On the death of Vaithiyanathan, the mother of the petitioner made an application on 20.3.1997 to the Divisional Engineer (High Ways and Rural Works Department, through the appropriate authority seeking employment of the petitioner on compassionate grounds. The date of birth of the petitioner is 27.8.1982 and he was minor at the time when the application was made by the mother. Therefore, it is stated that the said application was not processed. After attaining majority, the petitioner gave an application on 26.12.2001 to the Divisional Engineer seeking appointment on compassionate grounds. The petitioner pursued with the respondents Department and in proceedings dated 28.1.2002, the petitioner was informed that the name of the petitioner has been shown at Sl.No.55 in the seniority list of candidates, who seek employment on compassionate ground. Similar reply was given by the first respondent/ Chief engineer on 23.1.2003. The petitioner was on the fond hope that his case will be considered for compassionate appointment. But, he came to know that his claim was rejected on 21.7.2007, on the ground that the application was not made within three years. The petitioner further states that such order was not communicated to the petitioner. He came to know only in the month of March, 2009. Hence, the writ petition. 3. All that is stated in the affidavit is that the petitioner has come to understand that the second respondent has passed an order rejecting the application of the petitioner. The said plea is vague and bereft of details. In the absence of any proof or reference to show that such an order has been passed by the authority, this Court is not inclined to set aside the so called order, which is not on records. However, considering the nature of the relief sought for by the petitioner (i.e.) compassionate appointment and also taking note of the two Proceedings in No.D5/(3)/49191/2002, dated 28.10.2002 and No.Ni.5 (3)/49191/2002, dated 23.1.2003, which states the seniority of the petitioner in the wait list, the second respondent is directed to consider the case of the petitioner for compassionate appointment on merits and dispose of the same within a reasonable period of time preferably on or before 29.1.2010. It is made https://hcservices.ecourts.gov.in/hcservices/ clear that if any order has already been passed, the petitioner shall be served with such order so as to enable the petitioner to pursue the remedy in accordance with law. This writ petition is ordered accordingly. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ra To 1. The Secretary, Highways Department, Government of Tamilnadu, Fort St. George, Chennai.9. 2. The Chief Engineer (General), Highways Department, Chepauk, Chennai.5. 3. The Superintending Engineer (Highways), Highways Department, Trichy 20. 4. The Divisional Engineer (Highways), Highways Department, Nagapattinam. +1cc to Mr.N.Suresh, Advocate Sr 65836 +1cc to Govt. Pleader Sr 66015 LA(CO) km/5.1.2010 WP No. 6294/2009 https://hcservices.ecourts.gov.in/hcservices/