Madras High Court
J.Hariharan vs The Chairman on 8 September, 2021
Writ Appeal No.2094 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2021
CORAM :
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN
Writ Appeal No.2094 of 2019
J.Hariharan ... Appellant
vs.
1. The Chairman,
Tamil Nadu Generation and Distribution Corporation/
TNEB, No.114, Anna Salai,
Chennai 600 002.
2. The Chief Engineer (Establishment)/
Administrative Branch,
Tamil Nadu Generation and Distribution Corporation,
TNEB, No.114, Anna Salai,
Chennai 600 002.
3. The Superintending Engineer,
Tamil Nadu Generation and Distribution Corporation/
TNEB, Cuddalore Electricity Distribution Circle,
Kepparmalai, Cuddalore - 4. ... Respondents
Writ Appeal filed under Clause 15 of Letters Patent against the order
dated 18.03.2019 passed by this Court in W.P.No.31504 of 2018.
For Appellant : Mr.K.Raja
For Respondents 1 to 3 : Mr.P.Subramanian,
Standing Counsel
Page No.1 of 9
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Writ Appeal No.2094 of 2019
JUDGMENT
(Judgment of the Court delivered by S.VAIDYANATHAN,J.)
The present Writ Appeal has been preferred, challenging the order
dated 18.03.2019 passed by the learned Single Judge in W.P.No.31504 of
2018.
2. Heard the learned counsel on either side and perused the material
documents available on record.
3. In the present case on hand, the Appellant herein is the son of the
deceased employee. At the time of his father's death on 26.10.2013, the
Appellant herein was a minor and therefore, he was not in a position to
submit an Application on compassionate ground. As the Appellant's mother
got dissolution of marriage from the deceased employee, she is not entitled to
claim appointment on compassionate ground. Furthermore, the Appellant's
mother abandoned her children, i.e. the Appellant herein and his sister.
4. The learned Single Judge has held that, the delay cannot be held
against the Appellant herein, as the first Application made by him was
submitted within the time limit and that, as he was a minor at that point of
time, the same could not be considered. The learned Single Judge went on to
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Writ Appeal No.2094 of 2019
hold that, compassionate appointment must be dealt with, as per the terms
and conditions of the Scheme, and any Application by a minor seeking
compassionate appointment is invalid, as, a minor cannot secure public
employment as per the Service Rules in force.
5. There are a catena of Apex Court decisions holding that,
compassionate appointment cannot be granted, when an Application is made
beyond the time stipulated. In that regard, it is worth referring to an Apex
Court decision in the case of Bhawani Prasad Sonkar vs. Union of India
reported in (2011) 4 SCC 209, relevant portion of which, is extracted
hereunder:
"20. Thus while considering a claim for employment
on compassionate ground, the following factors have to be
borne in mind:
(i) Compassionate employment cannot be made
in the absence of rules of regulations issued by the
Government or a public authority. The request is to be
considered strictly in accordance with the governing
scheme, and no discretion as such is left with any
authority to make compassionate appointment de-hors
the scheme.
(ii) An application for compassionate
employment must be preferred without undue
delay and has to be considered within a reasonable
period of time.
(iii) An appointment on compassionate ground
is to meet the sudden crisis occurring in the family on
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Writ Appeal No.2094 of 2019
account of the death or medical invalidation of the
bread-winner while in service. Therefore,
compassionate employment cannot be granted as a
matter of course by way of largess irrespective of the
financial condition of the deceased/incapacitated
employee's family at the time of his death or
incapacity, as the case may be.
(iv) Compassionate employment is permissible
only to one of the dependants of the
deceased/incapacitated employee viz. Parents, spouse,
son or daughter and not to all relatives, and such
appointments should be only to the lowest category
that is Class III and IV posts."
6. The Appellant herein, after attaining majority, again made an
Application seeking appointment on compassionate ground to the Authority
concerned. However, the same was rejected on the ground that, the said
Application was made belatedly, which is beyond the period of limitation.
7. A narration of events in the case on hand makes it clear that, an
application for compassionate appointment has to be made as per the Scheme
within a period of three years and that, indigent circumstances should be
shown. Though, the Electricity Board was right in holding that, an
Application for compassionate appointment should be filed within three years
from the date of death of the employee, they will have to take into account
the indigent circumstances of the family of the deceased employee.
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Writ Appeal No.2094 of 2019
8. Though the Appellant's mother has abandoned the Appellant and
his sister, after obtaining divorce during the lifetime of the Appellant's father,
and is living separately, fortunately, their grandparents have taken care of
them. This Court is of the view that, as an exceptional case, the request of
the Appellant herein has to be considered for compassionate
appointment. Whenever, compassionate appointment is sought for by an
Applicant, 'No Objection' has to be obtained from the other legal heirs of the
deceased employee. In the case on hand, there is no possibility of obtaining
'No Objection' from the Appellant's sister, who is a minor as of now. Also,
the possibility of the Appellant's sister claiming compassionate appointment
by objecting to her brother's appointment, after attaining majority, cannot be
ruled out.
9. Hence, in view of the foregoing discussion, this Court directs
the Respondent/Electricity Board to consider the Appellant's Application
for compassionate ground, if he is otherwise eligible, subject to the
condition that, he gives an Undertaking that, 50% of his monthly income
will be given to his sister, till she gets married and that, he will pave way
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Writ Appeal No.2094 of 2019
for his sister to get employment on compassionate ground, in case, she
objects to his employment, after she attains majority. If the Electricity
Board provides employment to the Appellant on compassionate ground, then
50% of his salary shall be deducted and credited into the account of his sister
viz. J.Harini.
10. Except the above direction, none of the observations made by the
learned Single Judge is disturbed with regard to compassionate appointment.
11. It is made clear that, this order cannot be treated as a
precedent, as compassionate appointment for the Appellant herein is directed
to be considered, only by taking into account the peculiar facts and
circumstances of the case.
In fine, the Writ Appeal is ordered accordingly. No costs.
Consequently, connected C.M.P.No.14217 of 2019 is closed.
[S.V.N.,J.] [A.A.N.,J.]
08.09.2021
Index : Yes/No
Speaking Order : Yes/No
(vm/aeb)
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Writ Appeal No.2094 of 2019
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Writ Appeal No.2094 of 2019
To:
1. The Chairman,
Tamil Nadu Generation and Distribution Corporation/
TNEB, No.114, Anna Salai,
Chennai 600 002.
2. The Chief Engineer (Establishment)/
Administrative Branch,
Tamil Nadu Generation and Distribution Corporation,
TNEB, No.114, Anna Salai,
Chennai 600 002.
3. The Superintending Engineer,
Tamil Nadu Generation and Distribution Corporation/
TNEB, Cuddalore Electricity Distribution Circle,
Kepparmalai, Cuddalore - 4.
https://www.mhc.tn.gov.in/judis/
Writ Appeal No.2094 of 2019
S.VAIDYANATHAN,J.
AND
A.A.NAKKIRAN,J.
(aeb)
Judgment in
W.A. No.2094 of 2019
08.09.2021
https://www.mhc.tn.gov.in/judis/
