R.Vijayakumar vs The Chairman
2022 Latest Caselaw 1976 Mad

                                                                                  W.A.(MD) No.37 of 2022


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 07.02.2022
                                                      CORAM:
                              THE HONOURABLE MR.JUSTICE PARESH UPADHYAY
                                                 AND
                             THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

                                              W.A.(MD) No.37 of 2022



                     R.Vijayakumar                                    ... Appellant/Petitioner



                                                     Vs.


                     1.The Chairman,
                       Tamil Nadu Generation and Distribution Corporation Ltd.,
                       No.144, Anna Salai,
                       Tamil Nadu Electricity Board,
                       Chennai – 600 002.

                     2.The Chief Engineer/Personnel,
                       Tamil Nadu Generation and Distribution Corporation Ltd.,
                       No.144, Anna Salai,
                       Tamil Nadu Electricity Board,
                       Chennai – 600 002.

                     3.The Superintending Engineer,
                       Pudukkottai Electricity Distribution Circle,
                       Tamil Nadu Generation and Distribution Corporation Ltd.,
                       Tamil Nadu Electricity Board,
                       Pudukkottai – 622 001.                  ... Respondents/Respondents




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                                                                                       W.A.(MD) No.37 of 2022


                                  Writ Appeals filed under Clause 15 of Letters Patent, against the order
                     dated 10.08.2021, made in W.P.(MD) No.12271 of 2018.

                                  For Appellant                 : Mr.P.Ganapathi Subramanian

                                  For Respondents               : Mr.S.Arivalagan
                                                                  Standing Counsel for TNEB

                                                        JUDGEMENT

(Delivered by PARESH UPADHYAY,J.)

Challenge in this appeal is made to the order dated 10.08.2021 recorded

on W.P(MD) No.12271 of 2018. This petition is by the writ petitioner. The

father of the writ petitioner died on 16.07.2006 while he was in employment of

the respondent - electricity company. His son - writ petitioner applied for

appointment on compassionate ground on 11.10.2017. Learned Single Judge

after hearing the parties came to the conclusion that the rejection of application

for appointment on compassionate ground after about thirteen years need not

be interfered with and writ petition was dismissed. It is this order which is

challenged before this Court.

2. Having heard the learned counsel for respective parties and having

considered the material on record, we find that the impugned order passed by

the learned Single Judge cannot be said to be erroneous in any manner, much

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less any error apparent on the face of the record, which may be gone into by

this Court in an intra-Court appeal. This appeal therefore needs to be

dismissed.

3. Learned counsel has also relied on the decision of the Supreme Court

in the case of Anindita Das v. Srijit Das reported in (2006) 9 SCC 195. We

find that on facts, the said judgment will not be of any assistance to the

appellant.

4. This writ appeal is dismissed. No costs. Consequently, connected

miscellaneous petition would not survive.

                                                                      [P.U.,J]        [K.R.,J.]
                                                                             07.02.2022
                     Index              :Yes/No
                     Internet           :Yes/No
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PARESH UPADHYAY, J.

and KRISHNAN RAMASAMY, J.

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W.A.(MD) No.37 of 2022

07.02.2022

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