Madras High Court
T.Prabavathi vs The Chief Engineer on 2 August, 2022
W.A.(MD)No.794 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.08.2022
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)No.794 of 2022
T.Prabavathi ... Appellant
Vs.
1.The Chief Engineer,
Tamil Nadu Generation and Distribution
Corporation Limited,
N.P.K.R.R. Maaligai,
144, Annasalai, Chennai – 600 002.
2.The Superintendent of Police,
Tamil Nadu Generation and Distribution
Corporation Limited,
Trippur District, Trippur.
3.The Superintendent Engineer,
Tamil Nadu Generation and Distribution
Corporation Limited,
Palladam Taluka, Trippur District. ... Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letter Patent to set
aside the order of this Court in W.P.(MD)No.22508 of 2022, dated
07.03.2022.
For Appellant :Mr.A.Haja Mohideen
For Respondents :Mr.S.Arivalagam
***
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W.A.(MD)No.794 of 2022
JUDGMENT
(Judgment of the Court was delivered by S.S.SUNDAR, J.)
This Writ Appeal is directed against the order of the learned
Single Judge dismissing the Writ Petition filed by the appellant in
W.P.(MD)No.22508 of 2022 by order, dated 07.03.2022.
2.Heard Mr.A.Haja Mohideen, learned Counsel for the appellant
and Mr.S.Arivalagan, learned Standing Counsel, who takes notice on
behalf of the respondents. By consent of both parties, the above Writ
Appeal is taken up for final disposal at admission stage itself.
3.The appellant's father, Mr.V.Thanasekaran, was employed as a
Revenue Superintendent in the office of the third respondent and died in
a road accident on 16.08.2014. It is admitted that the appellant was a
minor at that time. The appellant submitted an application on
16.12.2015 seeking compassionate appointment and the said application
was rejected on the ground that the appellant had not attained the age of
majority. Thereafter, the appellant submitted an application on
05.03.2021. The said application was also rejected on the ground that
the application seeking compassionate appointment after the lapse of
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W.A.(MD)No.794 of 2022
seven years from the date of death of the deceased employee cannot be
entertained.
4.Challenging the order rejecting the application of the
appellant, the appellant filed a Writ Petition in W.P.(MD)No.22508 of
2021. Learned Single Judge, after referring to the judgments of
Honourable Supreme Court in the case of (1) State of Uttar Pradesh
and others vs. Premlatha, reported in (2022) 1 SCC 30 and (2)H.P.
vs. Shashi Kumar reported in (2019) 3 SCC 653, dismissed the said
Writ Petition. Challenging the same, the present Writ Appeal is filed.
5.The Full Bench of this Court considered the scope of providing
compassionate appointment outside the scheme framed by the
Government or the establishment. After considering the several
judgments of Honourable Supreme Court, the Full Bench expressed view
that the application, which cannot be considered within the scheme
framed by Government, cannot be entertained. There is no provision in
the scheme to entertain the application beyond three years eventhough it
is a case where the minor filing application after attaining majority.
6.It is to be noted that the Honourable Supreme Court and the
Full Bench of this Court, of-course, has observed that it is for the
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W.A.(MD)No.794 of 2022
Government to consider exceptional cases in which there can be
relaxation. However, the uniform view is that the application, which
cannot be considered within the scheme for giving appointment on
compassionate ground, cannot be entertained till such time the
Government or establishment modify the scheme for the grant of
exemption in certain cases. Hence, this Court find no merit in this
appeal. Accordingly, this Writ Appeal is dismissed. No costs.
[S.S.S.R., J.] [S.S.Y., J.]
02.08.2022
Index : Yes / No
cmr
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.794 of 2022
S.S.SUNDAR, J.
and
S.SRIMATHY, J.
cmr
W.A(MD)No.794 of 2022
02.08.2022
https://www.mhc.tn.gov.in/judis
