Madras High Court
N.Surya vs The Chairman Cum Managing ... on 28 September, 2021
W.P.No.20717 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.09.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.20717 of 2021
(Through Video Conferencing)
N.Surya ... Petitioner
Vs
1.The Chairman cum Managing Director,
Tamil Nadu Generation & Distribution
Corporation (TANGEDCO),
No.144, Anna Salai, Chennai – 600 002.
2.The Chief Engineer (Personal),
Tamil Nadu Generation & Distribution
Corporation (TANGEDCO),
No.144, Anna Salai, Chennai – 600 002.
3.The Secretary,
Tamil Nadu Generation & Distribution
Corporation (TANGEDCO),
No.144, Anna Salai, Chennai – 600 002.
4.The Superintendent Engineer,
Dharmapuri Electricity Distribution Circle,
TANGEDCO, Dharmapuri – 5. ... Respondents
Prayer : Petition filed under Article 226 of the Constitution of India to issue a
Writ of Certiorarified Mandamus, calling for the records relating to the order
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1
W.P.No.20717 of 2021
of rejection passed in Ka.No.000810/114/Ni.Bi.2/VU.1/Ko. Varisu Velai/2021
dated 22.06.2021 on the file of the fourth respondent quash the same and
direct the respondent to provide an employment to the petitioner on
compassionate ground.
For Petitioner : Mr.V.Elangovan
For Respondents : Mr.P.Subramanian
ORDER
The petitioner has challenged the impugned order of the respondent
rejecting the request of the petitioner for being appointed on compassionate
ground on account of the death of his father Nagarajan who was employed
with the respondents herein.
2.The petitioner's father Nagarajan died on 06.10.2016 when the
petitioner aged about 19 years. Since the whereabout of the petitioner's
mother was not known, the petitioner was unable to secure a legal heir
certificate from the Tahsildar's Office. Meanwhile, one Bhagyalakshmi
claimed to be the wife of the petitioner's father. Under these circumstances,
the petitioner along with his siblings were compelled to file O.S.No.178 of
2017 before the District Munsif, Thirupattur.
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W.P.No.20717 of 2021
3.The said Court had ultimately decreed the suit by its judgment and
decree dated 28.11.2019 pursuant to which the petitioner has also obtained a
legal heir certificate on 26.05.2020 from the Thasildar's Office, Thirupattur.
The petitioner's name has been given as the 3rd son of his deceased father
Nagarajan along with his siblings. The petitioner thereafter obtained a no
objection from his siblings and filed an application for appointment on
compassionate ground with the respondent on 17.02.2021.
4.The impugned order has been now passed by the 4th respondent on
26.06.2021 by rejecting the application of the petitioner on the ground that on
the date of the death of the petitioner's father, the applicant should have been
18 years and should have completed 10 class and as such the application for
being appointed on compassionate grounds should have been made within a
period of three years from the date of deceased employee.
5.The learned counsel for the respondent submits that the petitioner is
not entitled for appointment on compassionate grounds in the light of the fact
that the application was filed beyond three years from the date of death of the
petitioner's father on 06.10.2016. He therefore submits that the writ petition
may be dismissed.
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W.P.No.20717 of 2021
6.Heard the learned counsel for the petitioner and the respondent and
perused the impugned order and the judgment and decree of the Trial Court in
O.S.No.178 of 2017 which was decreed on 28.11.2019.
7.The fact of the matter is that even if an application was filed in time,
the respondent would not have considered the application as there would
have been a technical problem as the petitioner did not have a legal heir
certificate from the Thasildar office as another was claiming to be wife of his
deceased father Nagarajan. The petitioner was ultimately driven to court and
was able to get a judgment and decree from the Trial Court only on
28.11.2019 pursuant to which the legal heir certificate was issued only on
26.05.2020. The case of the petitioner therefore deserves to be considered
differentially. If the petitioner is otherwise eligible to be appointed on
compassionate grounds in terms of the G.O.Ms.No.18 Labour & Employment
(Q1) Department, dated 23.01.2020, the respondent shall overlook the
limitation of three years in filing the application for appointment on
compassionate grounds and consider the application of the petitioner
favorably. Therefore, the impugned order is quashed and the case is remitted
back to the 4th respondent to pass fresh order.
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W.P.No.20717 of 2021
8.This writ petition is disposed by directing the respondent to consider
the case of the petitioner within a period of eight weeks from the date of
receipt of a copy of this order. If the petitioner is otherwise eligible to be
appointed on a compassionate grounds in terms of the G.O.Ms.No.18 Labour
& Employment (Q1) Department, dated 23.01.2020 the respondent may
suitably issue an order of employment to the petitioner.
28.09.2021
Index: Yes/ No
Internet : Yes/No
Speaking/Non-speaking Order
jas
To
1.The Chairman cum Managing Director,
Tamil Nadu Generation & Distribution
Corporation (TANGEDCO),
No.144, Anna Salai, Chennai – 600 002.
2.The Chief Engineer (Personal),
Tamil Nadu Generation & Distribution
Corporation (TANGEDCO),
No.144, Anna Salai, Chennai – 600 002.
3.The Secretary,
Tamil Nadu Generation & Distribution
Corporation (TANGEDCO),
No.144, Anna Salai, Chennai – 600 002.
4.The Superintendent Engineer,
Dharmapuri Electricity Distribution Circle,
TANGEDCO, Dharmapuri – 5.
https://www.mhc.tn.gov.in/judis/
W.P.No.20717 of 2021
C.SARAVANAN,J.
jas
W.P.No.20717 of 2021
28.09.2021
https://www.mhc.tn.gov.in/judis/
