Madras High Court
M.Maruthamuthu vs The Secretary on 7 November, 2024
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A.(MD)No.1453 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.11.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MS.JUSTICE R.POORNIMA
W.A.(MD)No.1453 of 2019
1.M.Maruthamuthu
2.M.R.Vigneswaran ... Appellants / Petitioners
Vs.
1.The Secretary,
Tamil Nadu Electricity Board,
Chennai.
2.The Chairman,
Tamil Nadu Electricity Board,
Chennai.
3.The Superintending Engineer,
Trichy Electricity Distribution Circle (City),
Urban, Trichy. ... Respondents / Respondents
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to set aside
the order dated 20.08.2019 passed in W.P.(MD)No.12396 of 2014 and
allow the writ appeal.
1/5
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W.A.(MD)No.1453 of 2019
For Appellants : Mr.N.R.Murugesan
For Respondents : Mr.B.Ramanathan,
Standing Counsel.
JUDGMENT
(Judgment of the court was delivered by G.R.Swaminathan, J.)
Heard both sides.
2.The wife of the first appellant and the mother of the second
appellant namely, Rajeswari was employed as Assessor in Navalpattu
Division of TNEB. She passed away while giving birth to the second
appellant on 15.07.1992. The first appellant was then working as Clerk
in civil service corporation. He had given an application for grant of
appointment on compassionate grounds in favour of one of the children.
The said request was renewed subsequently. It was rejected vide order
dated 28.11.2012. Questioning the same, W.P.(MD)No.12396 of 2014
was filed. The writ petition was dismissed on 20.08.2019. Challenging
the same, this writ appeal came to be filed.
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3.We are satisfied that there is absolutely no merit in this writ
appeal. The employee concerned passed away way back on 15.07.1992.
The writ petition was filed 22 years later ie., in the year 2014. The object
of providing appointment on compassionate grounds is to enable the
dependent family to tide over immediate financial crisis. Such is not the
case here.
4.The issue raised in the writ appeal is squarely covered by more
than one decision. The Hon'ble Supreme Court in the decision reported
in (2000) 7 SCC 192 (Sanjay Kumar Vs. State of Bihar) held that there
cannot be reservation of a vacancy till such time as the applicant
becomes major. The Hon'ble Division Bench of this Court vide order
dated 03.08.2022 in W.A.(MD)No.533 of 2021 had held as follows:-
“7.It is brought to our notice a 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 deceased
employee. The Full Bench has considered all these aspects and
approved the judgment of the Division Bench in the case of
E.Ramasamy Vs. Tamil Nadu Electricity Board, W.A.Nos.336 of
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2003, 997 of 2006 and 1006 of 2006, dated 18.09.2006. It is
held that the appointment on compassionate ground 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.
9.The counsel appearing for the writ petitioner is not
able to persuade this Court that the scheme of appointment on
compassionate ground enable the minor to file an application
after attaining majority even though his application is beyond
the period of three years. Therefore, the writ appeal is allowed.
No costs. Consequently, connected C.M.P is closed.”
5.The impugned order passed by the learned Single Judge is well
founded. Interference is not warranted. The writ appeal is dismissed.
No costs.
(G.R.S. J.,) & (R.P. J.,)
07.11.2024
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
ias
https://www.mhc.tn.gov.in/judis
G.R.SWAMINATHAN, J.
and
R.POORNIMA, J.
ias
07.11.2024
https://www.mhc.tn.gov.in/judis
