Madras High Court
A.Kalaivani vs The Superintending Engineer on 5 February, 2021
W.P. No. 4212 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.02.2021
CORAM
THE HONOURABLE MR.JUSTICE R. SURESH KUMAR
W.P. No. 4212 of 2011
1.A.Kalaivani
2. A.Ragupathy ... Petitioners
-vs-
1. The Superintending Engineer,
T.N.E.B.., Villupuram Electricity Distribution Circle,
Villupuram.
2. The Chief Engineer,
Tamil Nadu Electricity Board,
No.144, Anna Salai,
Chennai - 600 002. ... Respondents
PRAYER : Writ Petition filed under Article 226 of Constitution of
India, praying for issuance of Writ of Mandamus directing the
respondents to pass orders on the representation dated 19.11.2008
seeking compassionate ground appointment insofar as the second
petitioner is concerned on merits.
For Petitioners : Mr.L.Chandrakumar
For Respondents : Mr.M.Fakkir Mohideen
Standing counsel for TNEB
1/6
https://www.mhc.tn.gov.in/judis/
W.P. No. 4212 of 2011
ORDER
The prayer sought for herein is for a Writ of Mandamus directing
the respondents to pass orders on the representation dated 19.11.2008
seeking compassionate ground appointment insofar as the second
petitioner is concerned on merits.
2. The first petitioner's husband and the second petitioner's father
was the employee of the respondents / TANGEDGO and while he was in
service, he suddenly died due to the accident on 15.02.2000. At the time
of the death of the employee, the second petitioner, i.e., son, was minor,
therefore, the first petitioner / wife made an application on 28.09.2000 to
the respondents seeking compassionate appointment. Therefore, that was
the application filed within a period of three years from the death of the
employee.
3. In view of the said fact, admittedly, since the second petitioner,
who is the son of the deceased employee, was only minor and he attained
majority only on 18.06.2007, after he became major in 2007, it seems
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W.P. No. 4212 of 2011
that, he reiterated the said application by making representation in the
year 2007-2008. However, since none of them yielded the result as
desired, the petitioner chosen to file this Writ Petition with the aforesaid
prayer.
4. Heard Mr.L.Chandrakumar, learned counsel appearing for the
petitioners, who has given the aforesaid factual details and seeks
indulgence of this Court.
5. Mr.M.Fakkir Mohideen, learned Standing counsel appearing for
the respondents would submit that, in view of the rule position which has
been clearly given in various board proceedings by taking into
consideration in proper perspective the orders of this Court in number of
cases and also the Full Bench Judgment as well as the Division Bench
Judgment of this Court, the three years rule shall be strictly followed. In
this case, beyond the three years rule, the second petitioner has
admittedly become major only in the year 2007 i.e., after seven years of
the death of the employee, therefore, the question of extending the
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W.P. No. 4212 of 2011
benefit of compassionate appointment to the family of the deceased
employee does not arise. In this case, since it goes against the three years
rule, the plea cannot be considered and accepted.
6. The said submissions made by both sides are taken into account
and I have perused the materials placed before this Court.
7. In view of the categorical pronouncement made in W.P.(MD)
No. 7016 of 2011 etc., batch dated 07.12.2020 followed by the Division
Bench order in Inspector General of Prisons, v. Marimuthu reported
2016 (5) CTC 125, the plea raised by the petitioner cannot be accepted and
therefore, this Court is not inclined to give any mandamus as sought for
in this Writ Petition. Accordingly, this Writ Petition is dismissed.
However, there shall be no order as to costs.
05.02.2021
Index: Yes/No
Speaking Order: Yes/No
vji
https://www.mhc.tn.gov.in/judis/
W.P. No. 4212 of 2011
To
1. The Superintending Engineer,
T.N.E.B.., Villupuram Electricity Distribution Circle,
Villupuram.
2. The Chief Engineer,
Tamil Nadu Electricity Board,
No.144, Anna Salai,
Chennai - 600 002.
https://www.mhc.tn.gov.in/judis/
W.P. No. 4212 of 2011
R. SURESH KUMAR, J.
vji
W.P. No. 4212 of 2011
05.02.2021
https://www.mhc.tn.gov.in/judis/
