Senthamil Selvan vs The Government Of Tamil Nadu
2021 Latest Caselaw 450 Mad

                                                                        W.A.No.1089 of 2020



                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED:      06.01.2021

                                                     CORAM :

                                   THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
                                                          AND
                             THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY


                                                W.A.No.1089 of 2020

                     Senthamil Selvan                                    ...    Appellant

                                                    Vs.

                     1.The Government of Tamil Nadu
                       by its Secretary
                       Electricity Department
                       Secretariat, Chennai.

                     2.The Chairman
                       Tamil Nadu Electricity Generation
                        and Distribution Corporation
                       Anna Salai, Chennai.

                     3.The Superintending Engineer
                       Cuddalore Electricity Distribution Circle
                       Kepparmalai, Cuddalore – 4.                      ...    Respondents


                     Prayer: Appeal filed under Clause 15 of the Letters Patent against
                     the order dated 31.10.2019 made in W.P.No.21072 of 2019.




                     __________
                     Page 1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                            W.A.No.1089 of 2020



                                   For Appellant           : Mr.S.Muthukrishnan




                                                     JUDGMENT

(Delivered by the Hon'ble Chief Justice)

The appeal is as misconceived as the writ petition was. The

writ petition was appropriately dismissed, particularly since the writ

petitioner appellant sought an appointment on compassionate

grounds some nine years after the original employee had died.

2. It is elementary that compassionate appointment is a weak

right. Further, the fundamental basis for carving out an exception

for compassionate appointment is to provide immediate relief to the

bereaved family upon the bread-earner suffering a premature

death. It is now well accepted that if the family has been able to

tide over the initial crisis and survive for a period of eight or nine

years without assistance, the right can no longer be pursued. The

fact that the son of the original employee was a minor and could not

have applied or obtained the job at the relevant point of time makes

little or no difference.

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https://www.mhc.tn.gov.in/judis/ W.A.No.1089 of 2020

For the reasons aforesaid, the appeal is found to be

unmeritorious. W.A.No.1089 of 2020 is dismissed, but without any

costs.

                                                              (S.B., CJ.)       (S.K.R., J.)
                                                                         06.01.2021

                     Index : Yes/No
                     sasi

                     To

                     1.The Secretary
                       Government of Tamil Nadu
                       Electricity Department
                       Secretariat, Chennai.

                     2.The Chairman

Tamil Nadu Electricity Generation and Distribution Corporation Anna Salai, Chennai.

3.The Superintending Engineer Cuddalore Electricity Distribution Circle Kepparmalai, Cuddalore – 4.

__________

https://www.mhc.tn.gov.in/judis/ W.A.No.1089 of 2020

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY, J.

(sasi)

W.A.No.1089 of 2020

06.01.2021

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