Madras High Court
P.S.Rajangam vs The Chairman on 6 July, 2023
W.P.(MD).No.3284 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.07.2023
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.3284 of 2021
and
W.M.P(MD)No.2621 of 2021
P.S.Rajangam ... Petitioner
Vs.
1.The Chairman,
Tamil Nadu Generation and Distribution
Corporation Limited,
No.800, Anna Salai,
Chennai.
2 .The Chief Engineer
Tamil Nadu Generation and Distribution
Corporation Limited,
No.800, Anna Salai,
Chennai.
3.The Superintending Engineer
Tamil Nadu Generation and Distribution
Corporation Limited Distribution,
K.Pudur,
Madurai District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
records relating to the proceeding of the 3rd Respondent through
https://www.mhc.tn.gov.in/judis
1/8
W.P.(MD).No.3284 of 2021
Ga.No.MEPO/PERU/MADU/Ni.A/Ni.Pi.2/E.Ni.U/Ko.Varisu Velai/A.No.
351/2020, Dated 22.07.2020 and quash the same consequently direct the 3rd
Respondent to appoint the petitioner on Compassionate ground based on his
qualification.
For Petitioner : Mr.R.Santhanam
For R2 & R3 : M/s.M.Parameshwari
ORDER
The present writ petition has been filed to call for the records relating to
the proceeding of the 3rd Respondent through
Ga.No.MEPO/PERU/MADU/Ni.A/Ni.Pi.2/E.Ni.U/Ko.Varisu Velai/A.No.
351/2020, Dated 22.07.2020 and quash the same consequently direct the 3rd
Respondent to appoint the petitioner on Compassionate ground based on his
qualification.
2. The petitioner’s father P.Sannasi, worked as a Field Assistant with 3rd
respondent office and while in service, he died on 06.10.2015. Thereafter, the
family of the said P.Sannasi was suffering in penury and difficulty. Hence, the
petitioner’s mother, namely Radhika applied for compassionate appointment on
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.3284 of 2021
04.10.2018. However, the said application was returned specifically stating that
the educational qualification certificate of 8th standard produced by the said
applicant was bogus. Thereafter, by that time, the petitioner was minor and the
petitioner attained majority on 24.01.2020. Pursuant to the age of attainting
majority, the petitioner made an application seeking compassionate
appointment on 21.05.2020. However, the 3rd respondent rejected the
petitioner’s application on 22.07.2020 for the reason that the petitioner did not
apply within a period of 3 years from the date of the death of his father and
passed the impugned order, dated 22.07.2020. Hence, this writ petition came to
be filed.
3. The learned counsel for the petitioner would rely on an order passed
by the Division bench of this Court in W.A(MD)No.578 of 2013 (A.Kamatchi
Vs. The Chairman, Tamil Nadu Electricity Board & Others) and the relevant
portion of which is extracted as follows:
“15. My learned Brother in his said decisions reviewed the
case-law on the point and held that within 3 years of death of her
husband, when the widow applied for appointment on
compassionate ground, and due to bar of age etc., when she could
not be appointed and the request for appointment has been followed
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.3284 of 2021
by her son/daughter, who has then not attained majority and
subsequently, applied within three years of attaining majority, such
request shall be considered as continuation of their mother's
application and the application given by him/her during the
minority also could be considered as continuation of such earlier
application and it cannot be denied on the ground that the
application has been presented beyond 3 years of death of the
father.”
4. Per contra, the learned counsel for the 3rd respondent vehemently
submitted that the said judgment has been overruled and the date of the death of
the employee has to be taken into account to reckon with the 3 years period
limitation. Hence, in this case, the application made after attaining majority
after a period of more than 4 years from the date of death of the employee
cannot be entertained. Hence, the impugned order passed by the 3rd respondent
is in order.
5. Heard Mr.R.Santhanam, learned counsel for the petitioner and
M/s.Parameshwari, learned counsel for the respondents and perused the
materials available on record.
6. This Court is of the considered view that every appointment must be
made strictly by adhering to the mandates of Article 14 and 16 of the
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W.P.(MD).No.3284 of 2021
Constitution of India. Appointment on compassionate ground is an exception to
the regular mode of recruitment as it is intended to safeguard the family of the
deceased employee which is thrown out both financially and otherwise due to
the sudden death of the Government Servant. However, beyond the existing
guidelines and the available rules for compassionate appointment, the
competent authority cannot reckon the date of limitation for the purpose of
granting compassionate appointment. In this case, the respondent has
specifically relied upon the Board Proceedings No.11 (Administrative Branch),
dated 11.06.2020. It is specifically mentioned in their counter which is
extracted hereunder:
4.(ii). After that, the petitioner has submitted the
compassionate appointment application form I on 21.05.2020
received in this office 22.05.2020, after the completion of three
years from the date of death of his father. As per the Board
Proceedings No.11(Administrative Branch), dated 11.06.2020
1) The legal heir of the deceased employee must have passed
in 8th standard and should apply for the legal heir appointment
application in form I, within three year from the date of death of the
employee.
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W.P.(MD).No.3284 of 2021
2) While applying for the compassionate appointment by the
legal heir, the applicant who is a son/daughter of the employee
should have completed the age of 18 years subjected to maximum of
40 years of age limit. If the applicant is a widow, she/he (husband
or wife) can apply upto 50 years of age whthin three years from the
date of death of the employee.)
7. In view of the above, the petitioner fails to convince this Court that the
application was made in time. Hence, this Writ Petition stands dismissed. No
costs. Consequently, connected Miscellaneous Petition is closed.
06.07.2023
NCC : No
Index : No
Internet : No
gbg
To
1.The Chairman,
Tamil Nadu Generation and Distribution
Corporation Limited,
No.800, Anna Salai,
Chennai.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.3284 of 2021
2 .The Chief Engineer
Tamil Nadu Generation and Distribution
Corporation Limited,
No.800, Anna Salai,
Chennai.
3.The Superintending Engineer
Tamil Nadu Generation and Distribution
Corporation Limited Distribution,
K.Pudur,
Madurai District.
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.3284 of 2021
L.VICTORIA GOWRI, J.
gbg
W.P.(MD).No.3284 of 2021
06.07.2023
https://www.mhc.tn.gov.in/judis
