Madras High Court
N.Vijayaraj vs The Chairman on 30 June, 2023
W.P.No.28018 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2023
CORAM
THE HONOURABLE MR.JUSTICE P.B.BALAJI
W.P.No. 28018 of 2019
N.Vijayaraj ... Petitioner
Versus
1.The Chairman,
Tamil Nadu Generation & Distribution
Corporation Ltd, (TANGEDCO)
No.144, Anna Salai,
Chennai-600 002.
2.The Chief Engineer,
Personnnel,
Tamil Nadu Generation & Distribution
Corporation Ltd, (TANGEDCO)
No.144, Anna Salai,
Chennai-600 002.
3. The Superintending Engineer,
Dharmapuri Distribution Division,
Tamil Nadu Generation & Distribution
Corporation Ltd, (TANGEDCO)
Dharmapuri, Dharmapuri District. ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, prays to issue a Writ of Certiorari Mandamus, calling for the records of
impugned order dated 03.11.2018 in letter No.061606/530/G8/G81/2017
passed by the 2nd respondent and quash the same, consequently, direct the
respondents to appoint the petitioner under compassionate ground in the 3 rd
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W.P.No.28018 of 2019
respondent Division in order to protect his family livelihood forthwith.
For Petitioner : Mr.M.R.Jothimanian
For Respondents : Mr.K.Rajkumar
Standing Counsel (TANGEDCO)
ORDER
This writ petition has been filed seeking issuance of a writ of
Certiorarified mandamus to quash the impugned order dated 03.11.2018 in
letter No.061606/530/G8/G81/2017 passed by the 2nd respondent and
consequently, direct the respondents to appoint the petitioner under
compassionate ground in the 3rd respondent Division.
2. The case of the petitioner is that his father was working as Line
Inspector in the 3rd respondent division and died on 20.01.2012 while he was
in service. It is the specific case of the petitioner that the 2nd respondent has
passed the impugned order dated 03.11.2018 refusing the compassionate
appointment on the ground that the petitioner had not passed the 8th standard
in April 2016 and the application made post completion of his 8th standard
was beyond three years. He further states that his father died on 20.01.2012
and within three years, the petitioner's mother made an application for
compassionate ground on 10.11.2014. The petitioner gave a representation
on 24.10.2016 for which the 2nd respondent sent a reply on 16.11.2016,
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W.P.No.28018 of 2019
pursuant to which, the 3rd respondent requested the 2nd respondent to consider
the petitioner's appointment on compassionate ground and pass orders.
However, on 03.11.2018, the 2nd respondent passed the impugned order
rejecting the case of the petitioner on two grounds, namely on the relevant
date of consideration, the petitioner had not completed his 8 th standard and
even assuming his fresh representation which was made can be taken into
account, the same was beyond three years.
3. Heard the learned counsel for the petitioner and the learned
Standing Counsel(TANGEDCO) for the respondents and perused the
materials available on records.
4. While advancing the arguments, the learned counsel for the
petitioner would rely upon the Hon'ble Division Bench judgment of Madurai
Bench of this Court in W.A.(MD).No.737 of 2013 reported in 2013 8 MLJ
190. The facts in the said case are almost identical in the present cases. Even
in the case before the Hon'ble Division Bench, the appointment sought for on
compassionate ground was rejected on the ground that the petitioner had not
completed 8th standard and the Hon'ble Division Bench held that the
application submitted beyond three years of the death of the father cannot be
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W.P.No.28018 of 2019
put against the petitioner to disentitle him from seeking appointment on
compassionate ground. The Hon'ble Division Bench held that the 1 st
application made by the mother when the petitioner was a minor should be
considered as representation made in time i.e., within three years and the
subsequent application to be treated as a continuation of the 1 st application
given in time.
5. In view of the above said ratio laid down by the Hon'ble Division
Bench, this writ petition also deserves to be entertained. Accordingly, this
writ petition is allowed and the respondents shall consider appointing the
petitioner on compassionate ground to any of the post commensurate with his
qualification, namely 8th standard. The respondent shall carry out this
exercise within a period of eight weeks from the date of receipt of a copy of
this order No costs.
30.06.2023
Index: Yes/ No
nr
To
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W.P.No.28018 of 2019
1.The Chairman,
Tamil Nadu Generation & Distribution
Corporation Ltd, (TANGEDCO)
No.144, Anna Salai,
Chennai-600 002.
2.The Chief Engineer,
Personnnel,
Tamil Nadu Generation & Distribution
Corporation Ltd, (TANGEDCO)
No.144, Anna Salai,
Chennai-600 002.
3. The Superintending Engineer,
Dharmapuri Distribution Division,
Tamil Nadu Generation & Distribution
Corporation Ltd, (TANGEDCO)
Dharmapuri, Dharmapuri District.
P.B.BALAJI, J.,
https://www.mhc.tn.gov.in/judis
W.P.No.28018 of 2019
nr
W.P.No. 28018 of 2019
30.06.2023
https://www.mhc.tn.gov.in/judis
