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2012 DIGILAW 3338 (MAD)

P. Veeramani v. Chief Engineer (Personnel), Tamil Nadu Electricity Board, Anna Salai, Chennai

2012-07-27

C.T.SELVAM

body2012
Judgment :- 1. The petitioner has filed this Writ Petition challenging the orders of the respondents 1 and 2 dated 17.03.2006 and 09.03.2006 and for a direction to the respondents herein to provide appointment to the petitioner on compassionate ground in any suitable post in T.N.E.B. within the jurisdiction of second respondent. 2. The petitioner's father was employed as an Assessor with the third respondent. His father expired on 02.01.1995 while in service. Having obtained all benefits due upon the death of his father, the petitioner submitted necessary certificates and documents to the third respondent on 29.04.2002 seeking appointment to the petitioner on compassionate grounds The second respondent under communication dated 09.03.2006 informed that the petitioner's application for appointment on compassionate ground could not be considered in the light of the Chief Engineer's letter dated 24.05.2003 and for the reasons stated therein. That apart, the first respondent under communication dated 17.03.2006 informed that the petitioner's request has been rejected earlier vide communication sent under registered post dated 24.05.2003 and that the petitioner has not applied for compassionate appointment within three years of his father's death. As per rules extant, it was necessary that application for appointment on compassionate grounds be made before 12.10.1998, if the deceased employee had expired prior to 12.10.1995. It was informed that since the petitioner had not reached the age of 18 years on 12.10.1998, he suffered ineligibility. The petitioner preferred an appeal before the Chairman, T.N.E.B, Chennai, challenging the order of the first respondent, but till date no orders have been passed. Hence, the petitioner has moved the present petition seeking the aforesaid relief. 3. The issue involved in the present Writ Petition is no longer res integra. The decision of this Court in J.Jeba Mary vs. The Chairman, Tamil Nadu Electricity Board, Anna Salai, Chennai - 2 and others [ 2011 (3) LLN 405 (Mad.)], informs as follows: "12. Hence, the petitioner has moved the present petition seeking the aforesaid relief. 3. The issue involved in the present Writ Petition is no longer res integra. The decision of this Court in J.Jeba Mary vs. The Chairman, Tamil Nadu Electricity Board, Anna Salai, Chennai - 2 and others [ 2011 (3) LLN 405 (Mad.)], informs as follows: "12. (a) Similar issue as to whether an Application seeking compassionate appointment can be rejected on the ground that the Application was not submitted within three years from the date of death of the deceased employee and whether completion of 18 years within three years, is a mandatory requirement when earlier Application submitted by other claimant is kept pending, was considered by this Court in the decision reported in T.Meer Ismail Ali v. The Tamil Nadu Electricity Board, 2004 (3) CTC 120 [F.M.Ibrahim Kalifullah, J. (as he then was)]. In the said case the deceased Board employee died on 13.4.1993 and the Application submitted by one of his daughter on 5.8.1997 was rejected on the ground that she had not completed 18 years of age and after completing 18 years of age when an Application was made on 4.7.2000 which was rejected on the ground that the Application was not made within three years from the date when the Board proceedings dated 13.10.1995 was issued. This Court considering the technical plea raised by the Respondent-Board set aside the said order and remitted the matter to pass fresh orders without reference to the objections already raised by the Board. The said order of the learned Single Judge was challenged by the TNEB in W.A.No.4008 of 2004 before the First Bench of this Court (consisting of the Hon'ble Mr.Justice Markandey Katju, C.J. (as he then was) and N.V.Balasubramanian, J.) dismissed the Writ Appeal on 1.12.2004. The Respondents herein filed SLP No.6387 of 2005 against the said order which was also dismissed on 1.4.2005 by the Honourable Supreme Court and consequently the said Writ Petitioner was given compassionate appointment." 4. In keeping with the above decision, this Writ Petition shall stand allowed and the orders of the respondents 1 and 2 dated 17.03.2006 and 09.03.2006 are set aside. Taking into consideration the fact that the erstwhile Tamil Nadu Electricity Board has undergone changes, a direction is issued to the Superintending Engineer, Erode Electricity Distribution Circle, TANGED Co., Erode, to consider the petitioner's appointment on compassionate grounds. Taking into consideration the fact that the erstwhile Tamil Nadu Electricity Board has undergone changes, a direction is issued to the Superintending Engineer, Erode Electricity Distribution Circle, TANGED Co., Erode, to consider the petitioner's appointment on compassionate grounds. No costs. Consequently, the connected miscellaneous petition is closed.