1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2011 CORAM: THE HONOURABLE MR.JUSTICE K.N.BASHA Writ Petition (MD) No.408 of 2011 C.Karumalai Thangam ... Petitioner Vs. 1.The State of Tamil Nadu rep. by its Secretary to Government, Labour and Employment Department, Fort St. George, Chennai-9. 2.The District Collector, Virudhunagar District. ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus, to direct the respondents herein to give employment to the petitioner based on her educational qualification by considering the fact that her father Chinnkottamalai died on 28.04.1990 in a communal violence and also to pay adequate compensation to the family of the petitioner. For petitioner .. Mr.M.Thirunavukkarasu For respondents .. Mr.Aayiram K.Selvakumar, Government Advocate ORDER The petitioner has come forward with this petition seeking for the relief of a direction to the respondents herein to give employment to the petitioner based on her educational qualification by considering the fact that her father Chinnkottamalai died on 28.04.1990 in a communal violence and also to pay adequate compensation to the family of the petitioner. 2.Mr.M.Thirunavukkarasu, learned counsel appearing for the petitioner would submit that the petitioner belongs to Adi-Dravidar Pallar Community and during a communal clash in the year 1990, the father of the petitioner viz., Chinnkottamalai was murdered on 28.04.1990. It is submitted that after the death of her father, her mother has educated her and she studied Diploma in Nursing and passed the same. It is submitted that the mother of the petitioner has received an amount of Rs.10,000/- towards compensation from the second respondent. The learned counsel would further submit that after the said incident, the Government had framed the rules relating to Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 and that the Rule 15(d) of the said Rules speaks about the employment to the family members of the victim. It is contended that the Government had also passed G.O.Ms.No.896, Labour and Employment Department, dated 09.07.1990 and G.O.Ms.No.833, Public (Law and Order) Department, dated 22.05.1998, granting the relief of compassionate appointment as well as the relief of compensation. It is pointed out by the learned counsel for the https://hcservices.ecourts.gov.in/hcservices/ 2 petitioner that a representation, dated 02.09.2010, seeking the above said relief was made by the petitioner, but insptie of the same, no action has been taken till date and as such the petitioner has been constrained to approach this Court. 3.Heard the learned Government Advocate on the submissions made by the learned counsel for the petitioner. It is submitted that the representation of the petitioner would be considered, in the light of the said G.Os. relied on by the petitioner. 4.This Court carefully considered the submissions of both sides and also perused the materials available on record. 5.The fact remains that the petitioner's father said to have been murdered in a communal clash. The learned counsel for the petitioner pointed out that the Government passed G.Os. granting the relief of compassionate appointment as well as the relief of compensation and seeking the above said reliefs, the petitioner preferred a representation as early as on 02.09.2010. The grievance of the petitioner is that no action has been taken till date. 6.In view of the above said reasons, this Court, without going into the merits of the representation of the petitioner, dated 02.09.2010, is constrained to direct the first respondent herein to consider the representation of the petitioner, dated 02.09.2011, in the light of G.O.Ms.No.896, labour and Employment Department, dated 09.07.1990 and G.O.Ms.No.833, Public (Law and Order) Department, dated 22.05.1998 and by giving opportunity to the petitioner and to pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner shall also furnish a fresh copy of the representation, dated 02.09.2010, along with the order copy of this Court, to the first respondent within a period of ten days from the date of receipt of a copy of this order. 7.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To: 1.The Secretary toGovernment,State of Tamil Nadu Labour and Employment Department, Fort St. George, Chennai-9. 2.The District Collector, Virudhunagar District. +1cc to Special Government Pleader, Sr.No.40139 gcg GH : 18.11.2011 : 2p/4c Order in W.P.(MD)No.408 of 2011 16.11.2011 https://hcservices.ecourts.gov.in/hcservices/