IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2021

Coram

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR

W.P.No.31399 of 2014 and

M.P.No.1 of 2014

K.Dharmalingam

...Petitioner

Vs.

1. The Chairman and Managing Director,

Tamilnadu Electricity Board,

No.800, Annasalai, Chennai-600 002.

2. The Superintending Engineer,

Tamilnadu Electricity Board,

Erode Electricity Distribution Circle,

Erode.

3. The Additional Chief Engineer,

Tamilnadu Electricity Board,

Erode Electricity Distribution Circle,

Erode.

4. The Assistant Engineer,

Tamilnadu Electricity Board,

Ingoor Perunthurai Division,

Erode District.

5. The Secretary,

Personal and Administrative Reforms Department,

Secretariat, Chennai.

6. The Secretary, Labour and Employment Department,

Secretariat, Chennai.

(R5 and R6 are suo motu impleaded vide order dated

16.04.2019,

made in WP No.31399 of 2014.)

...Respondent

Prayer:

Writ petition filed under Article 226 of the

Constitution of India to issue a Writ of Certiorarified Mandamus

or any other appropriate writ or order directing the nature of

writ to call for the records in pursuant to the impugned order

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passed by the 2nd respondent herein in his proceedings

Lt.No.009030/435/Ni-P2(1)/2012-2 dated 04.01.2014 and quash the

same and consequently direct the respondents to appoint the

petitioner on compassionate appointment under the respondents.

For Petitioner : Mr.R.Thirumoorthy

For Respondents : Mr.Karthick Rajan for TNEB

for R1 to R4

Mr.Manohar, AGP

for R5 and R6

O R D E R

This writ petition has been filed by the petitioner to

quash the order passed by the 2nd respondent herein in his

proceedings Lt.No.009030/435/Ni-P2(1)/2012-2 dated 04.01.2014

and consequently direct the respondents to appoint the

petitioner on compassionate ground under the respondents.

2. According to the petitioner, his father Mr.A.Kumarasamy

had been worked under the respondents Board as a lineman for

more than 15 years and he died on duty on 03.06.2009 leaving

behind the petitioner and his family members. Thereafter, the

petitioner filed an application seeking appointment under

compassionate ground on 03.05.2012, however, the second

respondent rejected the claim of the petitioner. Hence, this

writ petition.

3. A perusal of the records shows that the application

filed by the writ petitioner seeking appointment on

compassionate ground was received by respondents Board on

28.04.2014. The mother of the petitioner namely Kaliammal has

also submitted a letter to the Authority stating no objection

for appointing his son on compassionate ground. Thereafter, the

respondent Board has informed the petitioner to submit the

application in a proper formate along with the necessary

documents. Accordingly the application was re-submitted by the

petitioner on 14.09.2012 along with the necessary documents.

Pursuant to the communication sent by the fourth respondent, the

application of the petitioner was considered by the 2nd

respondent and finally the claim of the petitioner was rejected

vide order dated 04.01.2014 stating that the petitioner has not

filed his application within a period of three years from the

date of death of his father. Challenging the above order, the

writ petition is before this court.

4. The learned counsel appearing for the petitioner

submitted that the application seeking appointment on

compassionate ground was filed by the petitioner within three

years from the date of death of his father, however, he had not

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submitted the application in a proper formate along with

necessary documents and therefore, there is no delay in filing

the application. He further submitted that on the date of

filing