Madras High Court
J.Arul Jothi vs The Superintending Engineer on 4 July, 2023
W.P.(MD).No.19340 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.07.2023
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD)No.19340 of 2020
J.Arul Jothi ... Petitioner
Vs.
The Superintending Engineer,
TANGEDCO,
Tirunelveli Distribution Circle,
Tirunelveli. .... Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of a Writ of Certiorarified Mandamus, calling for the
records relating to the impugned order of the respondent in
Ka.No.024809/541/Ni.A/Ni.P.3/U.3/Koo.Vaa.Velai/2020, dated
27.11.2020 and quash the same and consequently direct the
respondents to provide an employment on compassionate ground
within the time fixed by this Court.
For Petitioner : Mr.J.Arul Jothi
For Respondent : Mr.S.Arivalagan
Standing Counsel
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.19340 of 2020
ORDER
The present Writ Petition has been filed for issuance of a
Writ of Certiorarified Mandamus, to quash the impugned order of the
respondent, dated 27.11.2020 and consequently directing the
respondents to provide employment on the compassionate grounds
within the time fixed by this Court.
2.Heard the learned counsel appearing for the petitioner
and the learned standing counsel appearing for the respondent and
perused the materials available on record.
3.The petitioner's father, namely, Late.M.Jothiraj, was
employed as Revenue Supervisor in the Electricity Department within
the respondent's circle. He died on 13.01.2019, leaving behind the
petitioner and his mother as legal heirs. The petitioner was born on
05.06.1994 and he attained the age of majority on 04.06.2012.
However, within a period of three years from the date of the death of
his father, the petitioner made an application seeking compassionate
appointment. In response to the same, on 12.01.2012, the respondent
sought for several documents for the purpose of adjudicating the
application for compassionate appointment made by the petitioner.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.19340 of 2020
However, the learned counsel appearing for the petitioner fairly
conceded that the documents were submitted only on 09.11.2020
along with a reminder letter to the respondent. However, the impugned
order came to be passed on 27.11.2020. Challenging the same, this
Writ Petition came to be filed.
4.Per contra, the learned standing counsel appearing for
the respondent vehemently argued that this Writ Petition is liable to be
dismissed since the matter is already covered by the Honourable
Division Bench of this Court in W.A(MD)No.533 of 2021, dated
03.08.2022 [The Superintending Engineer and another Vs.
K.Periannan].
5.The Honourable Division Bench of this Court in
W.A(MD)No.533 of 2021, dated 03.08.2022 [The
Superintending Engineer and another Vs. K.Periannan], wherein
it has been categorically held that there are few judgments to support
the view of the writ petitioner that the minor is entitled to seek
appointment upon attaining majority, even if the application is beyond
the period of three years, after the death of the employee. However, a
Full Bench has considered all these aspects and approved the
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.19340 of 2020
Judgment of the Division Bench in the case of E.Ramasamy Vs.
Tamil Nadu Electricity Board in W.A.No.336 of 2003, dated
18.09.2006, wherein it has been held that an appointment on
compassionate grounds has to be strictly followed in accordance with
the relevant G.Os or the scheme that has been framed by the
employer, and any deviation is not permissible.
6.Moreover, the scheme of compassionate appointment has
been formulated by the authorities concerned only for the purpose of
aiding the family of the deceased, immediately, after the death of the
employee from suffering and penury and in this case, the petitioner
himself had belatedly submitted the required documents after a
prolonged period of 10 years. Hence, he cannot seek equity before this
Court and this Court is inclined to dismiss the Writ Petition.
7.Accordingly, this Writ Petition is dismissed. There shall be
no order as to costs.
04.07.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes
ps
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.19340 of 2020
To
The Superintending Engineer,
TANGEDCO,
Tirunelveli Distribution Circle,
Tirunelveli.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.19340 of 2020
L.VICTORIA GOWRI, J.
ps
W.P.(MD)No.19340 of 2020
04.07.2023
https://www.mhc.tn.gov.in/judis
