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2017 Supreme(Mad) 3232

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R. SURESH KUMAR, J.
M. Tamilarasan - Petitioner
Versus
The Chairman & Managing Director, Tamil Nadu Electricity Board & Others - Respondents
W.P.(MD) Nos. 2280, 4202, 4320, 4907, 14654 of 2012 & W.P.(MD) Nos.5792 and 20319 of 2013
Decided On : 14-12-2017

Advocates Appeared:
For the Petitioner:A. Alagusundar, P. Kalyana Ramachandran, K. Hariharan, H. Arumugam, S. Sahaya Philomin Raj, H. Arumugam, R. Narayanan, Advocates.
For the Respondents: S. Dhayalan, Standing Counsel for TNEB, V. Muruganathan, Additional Government Pleader.

Headnote:

Constitution of India - Article 142 - Applied for compassionate appointment and such requests had been rejected on similar grounds and reasons - Respective petitioners have approached this Court seeking to quash those rejection orders and consequently, seeking for directions to the respondents, to consider the request for giving compassionate appointment same and the prayer sought for in these - Held, Claimed that she was minor at the time of her father’s death, initially, her mother sought for compassionate appointment - Thereafter, there were litigations between the petitioner’s mother and another woman and that was resolved only in the year, the petitioner got married - Aforesaid facts would go to show that the applicant had not been in continuing penurious situations and indigent circumstances, as she got marriage and gave birth of three children and happily lived with her husband and due to misunderstanding, the petitioner obtained divorce from her husband and thereafter, she made an application for compassionate appointment in the year - Respondents are directed to consider the respective applications made by the petitioners seeking for compassionate appointment and decide the same, taking into account the Board Proceedings of the respondent and the relaxation made to the said proceedings with regard to the three years rule etc., by proceedings and also, the law laid down by the Courts of Law in various Judgments cited above and pass suitable orders for appointment on compassionate ground to the petitioners within a period of two months from the date of receipt of a copy of this order - Petition dismissed.

JUDGMENT :

1. In all these Writ Petitions, the Legal Heirs of the deceased employees of the respondents, Tamil Nadu Electricity Board (TANGEDCO), had applied for compassionate appointment and such requests had been rejected on similar grounds and reasons. Therefore, the respective petitioners have approached this Court seeking to quash those rejection orders and consequently, seeking for directions to the respondents, TANGEDCO, to consider the request for giving compassionate appointment.

2. Since the issue raised in these Writ Petitions is one and the same and the prayer sought for in these Writ Petitions are similar in nature, all these Writ Petitions are hereby decided by this Common Order with the consent of the learned counsel appearing for both sides.

W.P.(MD).No.2280 of 2012:

3. The father of the petitioner in this Writ Petition, while he was working as a Wireman at Virudhunagar Electricity Distribution Circle of the Tamil Nadu Electricity Board, died, during service on 27.08.2007. At that time, the age of the petitioner was only 14 years. Since the petitioner's mother i.e., the wife of the deceased employee, did not possess necessary educational qualification for appointment, she made an application to the 3rd respondent on 04.09.2008 and on 15.10.2008 requesting compassionate appointment to the petitioner.

4. The 3rd respondent had sent a communication on 25.10.2008 to the petitioner's mother stating that the petitioner did not complete the age of 18 years. Thereafter, the petitioner passed 10th Standard and also had completed Diploma in Electrical and Electronic Engineering. The petitioner's younger sister, who is the other legal heir of the deceased employee, had also given No Objection Certificate in favour of the petitioner. Therefore, his mother has made an application once again to the 1st respondent requesting him to appoint the petitioner in any suitable post on compassionate ground immediately after the petitioner completed 18 years of age, but, the 2nd respondent rejected the said request stating that the petitioner had not completed 18 years of age within three years from the date of death of the father of the petitioner. The said rejection order dated 06.08.2010 issued by the 2nd respondent is under challenge in this Writ Petition.

W.P.(MD).No.4202 of 2012:

5. While the father of the petitioner in this Writ Petition was working as Line Inspector at Tiruchendur Sub-Station of the respondent Department, he died during the course of employment on 03.12.1994. At that time, the petitioner was only 14 years old. The petitioner's mother made a representation on 27.11.1996 seeking for compassionate appointment. Thereafter, subsequent application was also made by the petitioner's mother on 28.04.1998. The 2nd respondent sent a reply on 12.05.1998 to the petitioner's mother to produce some of the documents like death Certificate, Legal Heirship Certificate, Income Certificate, Educational Qualifications Certificate and Property Certificate. The said Certificates sought for from the petitioner had subsequently been produced by the petitioner and his mother. The said Certificates were sent along with an application on 22.07.1998. However, the same was rejected by the 2nd respondent on 12.10.2000 on the ground that the petitioner did not complete the 18 years of age. Thereafter, the petitioner's mother sent further application on 17.06.2001, at that time, the petitioner already completed 18 years of age and the same was rejected on 13.11.2001 by the 2nd respondent. Thereafter, yet another request was made on 26.07.2006. However, the 2nd respondent once again rejected the same on 04.08.2006. Finally, the petitioner made a representation on 20.03.2007 and that request was also rejected by the respondents on 21.05.2007 on the ground that the petitioner did not attain the age of 18 years within three years from the date of death of his father. Once again another application was made by the petitioner's mother on 24.01.2008, that

























































































































































































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