Madras High Court
B. Senthil Velavan vs The Chairman on 22 June, 2023
WA No. 176 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2023
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU
AND
THE HON'BLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY
Writ Appeal No. 176 of 2015
and M.P. No.1 of 2015
B. Senthil Velavan ... Appellant
Vs.
1. The Chairman,
Tamil Nadu Electricity Board,
800, Anna Salai,
Chennai-600002
2. The Chief Engineer,
Tamil Nadu Electricity Board,
(Personnel), 800, Anna Salai,
Chennai-600002
3. The Superintending Engineer,
Cuddalore Electricity Distribution Circle,
Tamil Nadu Electricity Board,
13/A, Nethaji Road,
Cuddalore, Cuddalore District ... Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters of Patent Act,
praying to set aside the order dated 23.10.2009 made in W.P. No. 29022
of 2008.
For Appellant : Mr. K. Raja
For Respondents : Mr. M. Fakkir Mohideen
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WA No. 176 of 2015
JUDGMENT
This appeal has been filed against the order dated
23.10.2009 made in W.P.No.29022 of 2008, in and by which, the prayer
of the appellant to consider his representation dated 11.04.2007 for
compassionate appointment was rejected by the learned Single Judge.
2. Heard Mr.K.Raja, learned counsel appearing for the
appellant and Mr.M.Fakkir Mohideen, learned counsel appearing on
behalf of the respondents.
3. Mr.K.Raja, learned counsel appearing for the appellant
would submit that in this case, the father of the appellant died in harness
while in service leaving the entire family in penury on 16.07.2002.
Immediately, thereupon, a representation was made on 27.06.2003
praying for compassionate appointment to his minor son who was aged
about 14 years, at that time. According to him, at that point of time itself,
the appellant has completed 8th standard. However, the said application
was rejected on 05.05.2005 on the ground that the appellant did not
complete 18 years of age. In that view of the matter, the appellant waited
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WA No. 176 of 2015
until the completion of teen age of 18 years and made a fresh
representation on 11.04.2007. The said application was not at all
considered and therefore, the present writ petition has been filed for a
mandamus to consider the said representation.
4. Learned counsel for the appellant relying upon the Board
proceedings No.17 dated 01.11.2011 and submit that, the respondents by
their own proceedings have clarified that, in respect of the applications
made before 28.08.2005, the insistence upon the appellant to attain the
age of 18 years need not be resorted to and if the application is made
within a period of 3 years, and after the attainment of age of majority of
re-applicant, the same can be considered. In such view of the matter, the
clarification could not be produced before the learned Single Judge as of
the year 2009, when the writ petition was dismissed and therefore, the
present Writ Appeal is filed.
5. Learned counsel for the appellant also submits that since
the legal position is very clear that the appellant's application is wrongly
dismissed on the earlier occasion, and the second representation may be
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WA No. 176 of 2015
considered on the basis of the fact that the family continued to be in
penury even as on date.
6. Per contra, the learned counsel appearing for the
respondents would submit that the application was considered as per the
Rule which were prevailed at the time of the death of father of the
appellant as well as at the time of the consideration of the
representations. In that view of the matter, there was no question of
interfering with the Order passed by the learned Single Judge.
The appellant did not file any appeal or even challenging the order of
rejection. Therefore, by making successive applications, he cannot
approach this Court and no relief can be granted to the appellant at this
point of time.
7. We have considered the rival submissions made on either
side and perused the materials available on record.
8. Even though at the outset as argued by the learned
counsel for the appellant, the Board proceedings dated 01.11.2011 is in
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WA No. 176 of 2015
favour of the appellant, we cannot grant the relief to the appellant for the
following reasons:
(i). Firstly, the date of death of the appellant's father is on
16.07.2002. Now the relief cannot be granted after a period of 21 years,
as the very purpose of compassionate appointment is to provide
immediate succour to the family which is in penury;
(ii). Secondly, when the application was wrongly rejected, the
same was neither challenged promptly by the appellant nor taken upon
on appeal, departmentally also;
(iii). This apart, a writ of mandamus was filed only in the year
2008 which was dismissed in the year 2009. Even thereafter, the
appellant did not pursue his remedy by challenging the order of the
learned single Judge immediately;
(iv). Even the board proceedings, clarifying the issue was of the
year 2011, thereafter, the writ appeal was not filed immediately and the
same was filed only in the year 2012, but however numbered as Writ
Appeal No.176 of 2015 in the year 2015. Therefore, it could be seen that
the appellant was also not pursuing his remedies diligently.
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WA No. 176 of 2015
9. In that view of the matter, considering the prayer
regarding the compassionate appointment, we are unable to accede the
prayer of the appellant. Accordingly, the Writ Appeal is dismissed. No
costs. Consequently connected miscellaneous petition is closed.
(J.N.B.,J.,) (D.B.C., J.,)
Msv 22.06.2023
Index : Yes / No
Internet : Yes / No
Neutral citation : Yes / No
Speaking order/Non-speaking order
To
1. The Chairman,
Tamil Nadu Electricity Board,
800, Anna Salai,
Chennai-600002
2. The Chief Engineer,
Tamil Nadu Electricity Board,
(Personnel), 800, Anna Salai,
Chennai-600002
3. The Superintending Engineer,
Cuddalore Electricity Distribution Circle,
Tamil Nadu Electricity Board,
13/A, Nethaji Road,
Cuddalore, Cuddalore District
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WA No. 176 of 2015
J. NISHA BANU, J.
and
D.BHARATHA CHAKRAVARTHY,J.
Msv
Writ Appeal No. 176 of 2015
and M.P. No.1 of 2015
22.06.2023
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