The main legal point established in the judgment is that compassionate appointments serve the purpose of mitigating the hardship caused to the family of the deceased employee and should be considered within the prescribed time limit, taking into account the indigent circumstances of the family.

1. Heard Mr.S.Doraisamy, learned counsel for the petitioner and Mr.B.Kumar, learned counsel appearing for the respondents/TNEB.

2. Challenging the proceedings of the 1st respondent dated 07.05.2001, seeking to quash the same and for a direction to the respondents to appoint him in a suitable post on compassionate grounds, the petitioner has filed this writ petition.

3. Brief facts of the case as set out in the affidavit would run thus :

(i) The petitioner's father Mr.V.Krishnamurthy was working as Accounts Assistant in the office of the Executive Engineer, Revenue Branch, Tamil Nadu Electricity Board, Katpadi (Vellore) and died while in service on 11.05.1996. At that time, the petitioner passed Plus Two. Thereafter, the petitioner preferred an application to the 2nd respondent on 15.01.1997 for an appointment on compassionate grounds. On 15.04.1998, the 1st respondent wrote to the petitioner to submit certain documents namely, (i) Death Certificate of his father (ii) Educational Certificate (iii) No Objection Certificate from other family members for giving appointment to him (iv) A copy of the proceedings from the 1st respondent sanctioning payment of Death Relief benefits of his father and (v) a copy of Court order regarding Succession Certificate.

(ii) The petitioner would state that this father had two wives. His mother K.Kalaiselvi @ Kalaivani is the 2nd wife and K.Sugunambal is the 1st wife. Through the 1st wife, his father had five children and through the 2nd wife, he had two children. Both the family members made a joint application for the payment of Death cum Retirement Gratuity, etc. benefits from the respondents' Board. Since the 1st respondent required a succession certificate from the Judicial Forum, the petitioner and other legal heirs of his father preferred a petition before the Sub-Court, Vellore in S.O.P.No.68 of 1997.

(iii) On 07.11.1997, the Sub-Court issued a certificate declaring his father's 1st wife and her children and his 2nd wife and her children as legal heirs of his father and granted a Certificate to that effect, stating that they are entitled to succeed to his estate and entitled to claim the amount from the respondent Board. They produced the certificate before the 1st respondent and on 30.12.1999, the 1st respondent in his proceedings No.764/49294/Adm.2/A3/99 passed an order sanctioning the amount and computing the amount to be payable to each of the legal heirs.

(iv) In the meanwhile, the 1st wife of his father and her children and the petitioner's family members gave a no objection letter on 10.09.1999 to the 1st respondent for providing a job to the petitioner on compassionate ground in the respondent Board. According to the petitioner, his family is leading life in a poor condition and they do not have any specific income. His mother is doing cooly work and earning a sum of Rs.600/- per month, which is also not permanent.

(v) The petitioner would further state that in continuation of his application dated 15.01.1997 and as per the direction of the 1st respondent, the petitioner sent all the certificates on 15.03.2000 to the 1st respondent for appointment. However, the 1st respondent rejected the petitioner's application on 07.05.2001 on the ground that his application is belated. Thereafter, the petitioner sent an appeal to the 2nd respondent on 19.09.2001 and a reminder on 03.07.2002 for considering his case for appointment in the respondents' Board on compassionate grounds. However, no order was passed on his appeal by the 2nd respondent. Aggrieved by the same, the petitioner is before this court.

4. Counter affidavit has been filed by the respondents. It is stated therein that the petitioner's father Mr.V.Krishnamurthy was employed in TNEB as Accounts Assistant in the office of the Executive Engineer, Revenue Branch, Katpadi and died on 11.05.1996 while in service. The petitioner sent a letter dated 15.01.1997 to the 1st respondent on 17.01.1997 requesting to consider employm