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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R.N.MANJULA
D.Mathavan – Appellant
Versus
Chairman cum Managing Director ,Tamil Nadu Electricity Board – Respondent
| Table of Content |
|---|
| 1. compassionate appointment application process. (Para 2 , 3) |
| 2. timeliness of application for compassionate appointment. (Para 4 , 5 , 6 , 9) |
| 3. age requirements in compassionate appointment rules. (Para 7 , 8) |
| 4. reconsideration of the petitioner's application. (Para 10) |
ORDER :
R.N.MANJULA, J.
1. Heard Ms.G.Vidhya Maheswaran, learned counsel for the petitioner and Mr.B.Ramanathan, learned Standing Counsel for the respondents.
2. This Writ Petition has been filed for issuance of Writ of Mandamus, seeking direction against the third respondent dated 02.05.2023 and consequently direct the respondents to give compassionate appointment in the Tamil Nadu Electricity Board to the petitioner, according to his educational qualification.
3. Mr.G.Vidhyamaheswaran, learned counsel for the petitioner submitted that the petitioner's father namely, A.Duraisamy, who was as Mazdoor in Tamil Nadu Electricity Board died in harness on 16.03.2008. At the time of death of the father, the petitioner was 7 years old and his sister was 9 years old. The petitioner's mother submitted applications on 08.02.2011, 08.03.2011, 28.09.2017 and 20.09.2022 seeking for compassionate appointment. Thereafte
Applications for compassionate appointments by guardians on behalf of minors must be recognized and deemed valid if submitted within the established time limits.
The court clarified that applications for compassionate appointment cannot be denied based on age limits for minors, underlining that earlier applications filed by guardians are valid.
No minimum age limit for compassionate appointment applications; must complete 18 years before appointment; timely initial application not vitiated by deferral.
Compassionate appointments must adhere to strict timelines and cannot be claimed as a right, emphasizing the need for timely applications to address immediate financial crises.
Compassionate appointment claims by minors at employee's death considered within 3 years of attaining majority.
Statutory authorities have a duty to consider representations for compassionate appointment and pass appropriate orders, and the court may invoke its extraordinary powers under Article 226 of the Con....
Compassionate appointment qualification is ability to read/write Tamil for certain posts; age limit reckoned on application date.
Compassionate appointments should consider actual hardships faced by dependants rather than strict adherence to procedural timelines, promoting social justice and support for indigent families.
The court emphasized that applications for compassionate appointment should consider the applicant's age and circumstances, particularly when the applicant was a minor at the time of the parent's dea....
Minors can apply for compassionate appointment upon reaching majority; applications must be evaluated on individual circumstances rather than strict adherence to time limits.
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