R. Prabhu v. Chairman, Tamil Nadu Electricity Board
2012-06-12
M.VENUGOPAL
body2012
DigiLaw.ai
Judgment :- 1. The petitioner has filed the instant Writ of Certiorarified Mandamus praying for an issuance of an order by this Court in calling for the records in Letter No.3855/179/MEPO/South/NeMe/3/U3/KO.VaVe/03 dated 21.03.2003 on the file of the third respondent and to quash the same. Further, the petitioner has sought for an issuance of a direction to the respondents in appointing him in anyone of the post commensurate with his educational qualification on compassionate ground. 2. The petitioner's father namely, Rathinakumar served as Line Inspector in the Third Respondent/Superintending Engineer, Chennai Electricity Distribution Circle/South, Tamil Nadu Electricity Board, K.K.Nagar, Chennai who died in harness on 17.12.2000 leaving behind the petitioner, his mother, sister and brother as legal heirs. His mother R.Mallika preferred an application before the Third Respondent/ Superintending Engineer, Chennai Electricity Distribution Circle/South, Tamil Nadu Electricity Board, K.K.Nagar, Chennai on 09.03.2001 praying for appointment to the petitioner in anyone of the post commensurate with his educational qualification on compassionate ground in the Tamil Nadu Electricity Board. 3. The third respondent after perusing the report of the Assistant Executive Engineer (Operation and Maintenance) rejected the claim of petitioner's appointment as per Letter No.3855/179/MEPO/South/NeMe/3/U3/KO.VaVe/03 dated 21.03.2003 assigning reason that he had not passed VIII Std. 4. The Learned Counsel for the petitioner urges before this Court that the petitioner studied upto VII Std in school and also he appeared in the Secondary School Examination conducted by the National Open School, Government of India in the year 1999 and failed in the examination. He also attended B.B.A. course in the Open University, University of Madras but not completed the same. 5. The Learned Counsel for the petitioner submits that even if the minimum qualification of VIII Std pass rule could be relaxed considering the plight of petitioner's family and circumstances under which his family were living. The petitioner even prayed for the post of sweeper by relaxing the rule of passing VIII Std examination. 6.
5. The Learned Counsel for the petitioner submits that even if the minimum qualification of VIII Std pass rule could be relaxed considering the plight of petitioner's family and circumstances under which his family were living. The petitioner even prayed for the post of sweeper by relaxing the rule of passing VIII Std examination. 6. The prayer for seeking compassionate appointment in respect of the petitioner is resisted by the Learned Counsel appearing for the respondents 1 to 3/Electricity Board on the ground that for the Office Helper post as per Tamil Nadu Electricity Service Regulations (Corrected upto 30th June 2000), minimum educational qualification is that must have passed III Form or VIII Std etc., and in the present case, the petitioner only possessed of VII Std pass, which does not satisfy the requirement of regulation for any entry level post at the Tamil Nadu Electricity Board and therefore, the petitioner is not entitled to get the relief of compassionate appointment. On going through the Tamil Nadu Electricity Board Service Regulations [Annexure III (Referred to in Regulation 94)] 7. It is to be borne in mind that the compassionate appointment is a method of providing help to the family in distress which lost its potential breadwinner in the family and to fill the void/vaccum. The ordinary method of compassionate appointments are made based on perception of State Governments/Ideals. In regard to the plea of the appointment on compassionate ground, a Court of Law clearly should not be swayed away merely on a sympathetic consideration. It is true that due to sudden loss on the death of the breadwinner of a family, the family would be thrown in distress, yet when the person makes a request for a compassionate appointment through mother/relative has to fulfill/satisfy the requirement of educational qualification prescribed by the Department/Appointing Authority. 8. In the present case on hand, the petitioner's qualification is VII Std and he does not admittedly possess a pass in III Form or VIII Std as per Tamil Nadu Electricity Board Regulations which governs in respect of Office Helpers.
8. In the present case on hand, the petitioner's qualification is VII Std and he does not admittedly possess a pass in III Form or VIII Std as per Tamil Nadu Electricity Board Regulations which governs in respect of Office Helpers. Though the petitioner even claimed atleast a sweeper post, commensurate with his qualification of VII Std, since the respondents/Tamil Nadu Electricity Board Learned Counsel has informed this Court that the minimum qualification is pass in III Form or VIII Std at the entry level in the Tamil Nadu Electricity Board office, this Court is not in a position to come to the rescue of the petitioner. Consequently the request of the petitioner praying for his compassionate appointment commensurate with his qualification is not acceded to by this Court. Viewed in that angle, the Writ Petition is dismissed without costs. for the post of Office Helpers the following is prescribed: