The main legal point established in the judgment is that rejecting compassionate appointment applications based on age and time limits is not valid, and the benefit of a judgment should be extended to similarly placed persons.

1. The prayer in the writ petition is to quash the order passed by the third respondent dated 21.02.2011 and consequently direct the 1st and 2nd respondents to appoint the petitioner on compassionate ground in any eligible post in the Tamil Nadu Electricity Generation and Distribution Corporation (Previously known as Tamil Nadu Electricity Board).

2. The case of the petitioner is that his father was employed as Line Inspector in the office of the Assitant Engineer, Operation and Maintenance, Veeraganur, Attur Division under the control of the third respondent and he died on 12.09.2006 while he was in service, leaving behind the petitioner, the petitioner's brother and petitioner's mother. The petitioner's father was the only bread winner of the family.

3. On 08.12.2008, the petitioner's mother submitted a representation to the third respondent requesting him to provide application for compassionate appointment, but however the third respondent did not reply for the same. Again, the petitioner's mother submitted a representation on 12.06.2009 to the third respondent. The third respondent by his letter dated 07.07.2009 had directed the petitioner's mother to obtain Guardianship certificate from this Court, since she is the guardian of the two minor children and also intimated that the family pension and compassionate appointment will be given to her only after furnishing the Guardianship certificate. In his further communication dated 11.02.2010, the third respondent has directed the petitioner's mother to submit the application for compassionate appointment along with the death certificate and legal heirship certificate. Accordingly, the petitioner submitted the application for compassionate appointment along with all required certificates.

4. However, the third respondent by his letter dated 30.07.2010 has returned the application for compassionate appointment on the ground that the petitioner has not completed 18 years of age and further directed the petitioner to apply for compassionate appointment after completing 18 years of age. Hence, the petitioner, after completing 18 years of age on 28.12.2010, made a representation to the third respondent on 21.01.2011 seeking for compassionate appointment. But, the third respondent rejected the claim of the petitioner on the ground that the petitioner has not applied for compassionate appointment within three years from the date of death of the petitioner's father, without even considering his own letter dated 30.07.2010.

5. Further according to the petitioner, the third respondent has totally ignored the Board's memo dated 14.06.1997 wherein it is clearly stated that if the dependent of the deceased had not attained 18 years of age within 3 years from the date of death of the deceased Board's employee, then the Board shall inform the dependent to apply for compassionate appointment after completion of 18 years of age. Even though the said memo dated 14.06.1997 was cancelled by the respondent Board on 06.04.2002, the same was challenged before this Court and the Division Bench of this Court by order dated 08.03.2006 in W.A.No.3050 of 2003 had set aside the said memo dated 06.04.2002. Hence, according to the petitioner, he is fully eligible to be appointed in the respondent Board on compassionate ground.

6. When the matter was posted for admission on 09.04.2011, Mr.B.Sekar, the learned Standing counsel took notice on behalf of the respondent Board.

7. The facts which are not in dispute are that the petitioner's father was employed in the Tamil Nadu Electricity Board and he died on 12.09.2006 while he was in service. The same is evident from the legal heirship certificate issued by the Tahsildar, Gangavalli dated 10.11.2006 and from the consolidated certificate issued by the very same authority on 10.06.2010. The application submitted by the petitioner's mother and widow of the deceased TNEB employee on 08.12.2008 seeking compassionate appointment for her is not in dispute. O