J. Vadivelan v. The Chairman Tamil Nadu Electricity Board
2010-11-16
N.PAUL VASANTHAKUMAR
body2010
DigiLaw.ai
Judgment :- 1. The prayer in the writ petition is to quash the orders dated 26.02.2007 as well as 29.04.2008 passed by the third respondent and direct the respondents to provide suitable employment to the petitioner on compassionate ground. 2. It is the case of the petitioner that his father worked as Helper in the Tamil Nadu Electricity Board in the section office at saminathapuram, palani Division. During the course of employment, due to his illness, he was medically invalidated. The Medical Board in its report dated 07.06.1993 stated that the petitioner’s father was affected with Paraplecia Flexias (Trowlie). An order was passed by the third respondent on 02.08.1993 and the petitioner’s father was medically invalidated with effect from 07.06.1993 and relieved from the duty at the age of 40 years. At that time, the petitioner was aged 11 years. The petitioner’s mother submitted a representation to the third respondent on 05.05.1994 and requested for providing compassionate appointment. The third respondent, by his proceedings dated 13.05.1994, returned the application with a direction to comply with certain defects. The said defects were also rectified and the said application was resubmitted, however no order was passed. 3. on 18.10.1994, again the petitioner’s mother submitted a representation to the second respondent, for which, on 18.02.1995, the Executive Engineer directed the petitioner’s mother to furnish certain certificates. The said certificates were also produced on 23.03.1995. The second respondent on 11.12.1995 rejected the claim of the petitioner’s mother submitted an application on 20.02.1997 before the third respondent, followed by reminder dated 30.05.2000. 4. The petitioner’s father submitted a representation to the third respondent in July, 2000 and requested to provide appointment on compassionate ground to the petitioner. On 10.07.2000, the third respondent informed the petitioner’s father that application for compassionate appointment should have been submitted within three years from the date of medical invalidation. Repeatedly: the petitioner submitted representations and prayed for appointment on compassionate ground and for reconsidering the rejection already stating that on 07.06.1993 the petitioner’s father was medically invalidated and he died on 16.01.2006 and as per the Board’s proceedings, the legal heirs of an employee, who died prior to 13.10.1995 alone can be considered for appointment on compassionate ground. The said reason was reiterated in the order dated 21.11.2008 and the said orders are challenged in this writ petition. 5.
The said reason was reiterated in the order dated 21.11.2008 and the said orders are challenged in this writ petition. 5. When the writ petition was posted for admission, the learned standing counsel appearing for the respondents was directed to take notice. 6. Today, the learned standing counsel, on instructions, submitted that the Electricity Board issued B.P.(F.B) No.25, Administrative Branch, dated 09.10.2001 extending the restriction of age from 50 years for the purpose of rendering employment assistance to the legal heirs of the employee, who retire from service on medical invalidation. The said Board’s proceedings reads as follows: TAMIL NADU ELECTRICITY BOARD (Abstract) Recruitment – Employment assistance to the dependents of the employees who retire from service on medical invalidation before the age of 50 years – Extension of restriction of age from 50 years to 53 years- Orders – Issued. ADMINISTRATIVE BRANCH Per.B.p.(F.B).25 Dated the 9th October 2001 23, purattasi, visu, Thiruvalluvar Aandu 2032. Read:- 1. B.P.Ms. (F.B)No.21(Adm.Branch) dated 07.06.1983 2. B.P.Ms. (Ch)No.411(Adm.Branch) dated 22.07.1983 3. B.P.Ms. (F.B.) No.51(Adm.Branch) dated 31.05.1964 4. G.O.MS. No.168 (Labour & Employment) (Q1) department dated 19.10.2000 PROCEEDINGS In B.p.Ms.(F.B)No.51 (Adm .Branch) dated 31.05.1984, the Board had approved the concession in regard to providing employment opportunities to the dependents of the employees of the Board who have retired from service on medical grounds before attaining the age of 50 years based on the Government G.O.Ms.No.1025 (Labour and Employment) dated 22.11.1976 and in Letter No.22247/N1/B2-4 dated 23.11.1982. 2. Now the Government in its G.O.Ms.No.168 (Labour and Employment)(01) Department dated 19.10.2000 have extended the restriction of age of the employment assistance to their dependants. 3. The Board has decided to adopt the orders of the Government. Accordingly, it is ordered that the employment assistance to the dependants of the employees of the Board who retire on medical grounds are considered subject to the condition that the employee should have retired from service on medical grounds before attaining the age of 53 years. 4. The other conditions stipulated under this scheme remain the same. 5. This concession is given effect to from the date from which the Government have extended the benefit (i.e) from 19.10.2000 BY ORDER OF THE BOARD: B.JEYARAMAN, CHIEF ENGINEER/PERSONNEL To All superintending Engineers 7.
4. The other conditions stipulated under this scheme remain the same. 5. This concession is given effect to from the date from which the Government have extended the benefit (i.e) from 19.10.2000 BY ORDER OF THE BOARD: B.JEYARAMAN, CHIEF ENGINEER/PERSONNEL To All superintending Engineers 7. The Learned counsel for the respondent submitted that the impugned order may be set aside and the matter may be remitted to the second respondent, who will reconsider the eligibility of the petitioner in the light of the said Board’s proceedings dated 09.10.2001 and pass revised orders within a period of eight weeks from the date of receipt of a copy of this order. 8. Hence, the impugned orders are set aside and the entire matter is remitted to the second respondent to consider the claim of the petition for appointment on compassionate ground in the light of the Board’s proceedings extracted above within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is ordered with the above directions. No costs. Consequently, connected miscellaneous petition is closed.