Madras High Court
R.Divya vs The Chief Engineer (Appointing ... on 7 December, 2023
Author: M.S.Ramesh
Bench: M.S. Ramesh
W.P.No.32991 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.12.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.No.32991 of 2023
R.Divya ...Petitioner
Vs
1.The Chief Engineer (Appointing Authority),
Tamil Nadu Electricity Board,
No.144, Anna Salai,
Chennai 600 002.
2. The Superintending Engineer,
Tamil Nadu Electricity Board (Central),
Chennai 600 034 ..Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus directing the respondents to consider
the petitioner's representation dated 06.10.2023 and provide employment
to the petitioner on compassionate grounds.
For Petitioner : Mr.T.N.Rajagopalan
For Respondents : Mr.David Sundar Singh
Standing counsel for R1 and R2
1/8
https://www.mhc.tn.gov.in/judis
W.P.No.32991 of 2023
ORDER
The petitioner is the daughter of one S.Ramesh and
while he was serving as a Field Assistant under the TANGEDCO, had
died in an accident on 26.09.2015. The petitioner's mother R.Amudha
had made an application on 10.05.2018, seeking for compassionate
appointment for her daughter / the petitioner herein, which application
was within a period of three years from the date of death of the
employee. Thereafter, the petitioner had also made an application seeking
for compassionate appointment for herself on 19.12.2019. The petitioner
became a major on 11.11.2022 only. In this background, the petitioner's
mothers' application seeking for compassionate appointment was initially
rejected on 02.07.2018 on the ground that at the time of application, the
petitioner was a minor. In the light of these developments, the present
writ petition has been filed seeking for mandamus to consider the
petitioner representation dated 06.10.2023 seeking for compassionate
appointment.
2. The Government in GO Ms.No.18, Labour and Employment
(Q1) Department dated 23.01.2020, had issued a comprehensive
https://www.mhc.tn.gov.in/judis
guidelines for appointment on compassionate grounds. This Government
order was adopted by TANGEDCO in FB TANGEDCO Proceedings
No.11 dated 11.06.2020 and among those guidelines, one of the condition
is that the legal heirs seeking for compassionate appointment should have
crossed 18 years of age. However, the Government had thereafter framed
the Tamil Nadu Civil Services Appointment on Compassionate Grounds
Rules 2023 and in modification of GO Ms.No.18 dated 23.01.2020, had
relaxed the minimum age for a legal heir to seek for compassionate
appointment. Rule 6 of the aforesaid rules reads as follows :-
6. Age Limit – (1) Notwithstanding anything contained in
these rules governing the post for which appointment on
compassionate grounds is to be made.
(a) the spouse of the deceased or medically invalidated
Government Servant or the parent of the deceased
Government Servant, must not have completed fifty years of
age; and
(b) the son, daughter, brother or sister of the deceased or
medically invalidated Government Servant must not have
completed forty years of age.
(2) Notwithstanding anything contained in these rules
governing the post for which appointment on compassionate
https://www.mhc.tn.gov.in/judis
grounds is to be made, there shall be no minimum age limit
for the applicant on the date of application for appointment:
Provided that appointment shall not be provided unless the
applicant completes 18 years of age.
3. The scheme of compassionate appointment, whenever
introduced by the Government, has been successively adopted by
TANGEDCO, till the last GO MS No.18 dated 23.01.2020. This apart,
this Court on several occasions have held that whenever an application by
spouse of the deceased employee is made within a period of three years,
while the son or daughter of the late employee is a minor, the subsequent
application by the son or daughter, within three years from the date of
which he or she become attains major, can be sustainable. One such
decision of this Court in the case of [S.Nagarajan Vs. The
Superintending Engineer, Tamilnadu Electricity Distribution Circle,
Tirunelveli - 627 002] in WP No. No.15658 of 2012 dated 04.04.2014,
the learned Single Judge of this Court placed reliance on various orders of
the Hon'ble Division Bench of this Court and had come to the conclusion
that an application by a legal heir within three years after attaining
majority would be maintainable. The relevant portion of the order reads
https://www.mhc.tn.gov.in/judis
as follows :-
18. The above judgment is squarely applicable to the present
case. Admittedly, in the present case, the widow of the
deceased has submitted the application within time and the
application seeking appointment for the petitioner was
submitted within 3 years after attaining majority. Nothing is
brought before this Court to show that the family is not in
indigent circumstances and this Court is of the opinion that
the widow of the deceased must have appointed on
compassionate grounds in some job based on her
qualification. This Court is also of the view that when a person
cannot be employed in government services before the
completion of 18 years, he could not make an application
seeking appointment during his period of minority. Therefore
the period of three years for a minor son/daughter can
commence only after he/she attains majority. Therefore, for
all the reasons stated above, the application made on behalf of
the son cannot be treated as time barred.
https://www.mhc.tn.gov.in/judis
4. The learned counsel for the petitioner submitted that at the
time of death of the employee, the family was in indigent ircumstances
and there was no earning member in the family. The deceased employee
was survived by the petitioner's mother, who was working as a servant
maid and one elder sister, who is also mentally challenged. He also
submitted that the indigent circumstances of the family and the severe
financial crisis continues till date.
5. Taking these submissions into account, this Court is of the
view that when the petitioner's mother had made an application within
three years from the date of death of the employee and the petitioner also
having made an application within three years from the date of which she
had attained majority, the petitioner's claim for compassionate
appointment can be considered. Accordingly, there shall be a direction to
the respondents herein to forthwith pass orders on the petitioner's
application dated 06.10.2023 and pass appropriate orders appointing the
petitioner to any suitable post on compassionate grounds. Such orders
shall be passed atleast within a period of three months from the date of
receipt of a copy of this order.
https://www.mhc.tn.gov.in/judis
6. Accordingly, this writ petition stands allowed. No costs.
07.12.2023
Index:Yes/No
Speaking order/Non-speaking order
rka
To
1.The Chief Engineer (Appointing Authority),
Tamil Nadu Electricity Board,
No.144, Anna Salai,
Chennai 600 002.
2. The Superintending Engineer,
Tamil Nadu Electricity Board (Central),
Chennai 600 034
https://www.mhc.tn.gov.in/judis
M.S.RAMESH,J.
rka
07.12.2023
https://www.mhc.tn.gov.in/judis
