JUDGMENT 1. Heard both sides. 2. The petitioner is a widow whose husband was employed as a Wireman in the respondent Board and he died on 24.02.2007, while he was in service. The petitioner sought compassionate appointment due to the death of her husband. She made an application on 21.01.2010 within a period of three years from the date of death of her husband. She studied only VI standard. The application was returned by the respondents on 05.03.2010 on the ground that the petitioner does not possess the minimum educational qualification of pass in VIII standard. This made the widow to pursue her studies and she passed VIII standard in December 2010 within 8 months from the date of communication from the Department. But this time, the Department passed the impugned order stating that she did not possess the qualification of pass in VIII standard within 3 years from the date of death of her husband and hence, the application was rejected. 3. A similar issue came before the Madurai Bench of this Court, wherein the learned Single Judge by order dated 10.08.2006 in W.P.(MD) No.1335 of 2006 allowed the claim of the petitioner therein for compassionate appointment, when the same was declined on the ground that the widow failed to possess VIII standard within three years from the date of death of her husband. Like in this case, the widow therein took steps and passed VIII standard and when she approached the Electricity Board seeking compassionate appointment, she was declined on the similar ground. When the Electricity Board filed appeal, the Division Bench of Madurai Bench of this Court confirmed the order of the learned Single Judge in SUPERINTENDING ENGINEER, MADURAI ELECTRICITY DISTRIBUTION CIRCLE, MADURAI vs. V.JAYA, reported in 2007 (6) MLJ 1011 . 4. In fact, I had an occasion to consider the Tamilnadu Electricity Board Service Regulations framed under the Electricity (Supply) Act, 1948, with reference to providing of compassionate appointment in the TNEB in the order dated 20.09.2010 in W.P.No.23561 of 2009 (A.Sakila Banu vs. The Chairman, TNEB and two others). The regulations, which is of statutory in nature, provide for compassionate appointment to certain posts viz., Messenger Boy, Gardener, Sweeper, Sanitary Worker, etc., wherein the qualification prescribed under the Regulations is ability to read and write in Tamil. The regulations, which is of statutory in nature, provide for compassionate appointment to certain posts viz., Messenger Boy, Gardener, Sweeper, Sanitary Worker, etc., wherein the qualification prescribed under the Regulations is ability to read and write in Tamil. But, when the statutory regulations provide no educational qualification for appointment to some of the lowest post to the dependents of the deceased employees, the Board is not correct in rejecting the request of the petitioner seeking compassionate appointment on the ground that the dependents lack educational qualification. The relevant paragraph Nos.25 and 28 of the order of this Court dated 20.09.2010 in W.P.No.23561 of 2009 is extracted hereunder: 5. But the Regulations provide for pass in 4th standard and ability to read and write in Tamil for certain posts. In this regard, the learned counsel for the petitioner heavily relied on Note-5 to Annexure-III of the Regulations. The details of posts that require only IV standard and ability to read and write in Tamil are extracted hereunder as per Annexure-III of the Regulations. “94.Qualifications: (a) No person shall be eligible for appointment to the post and by the method mentioned in Annexure-III, unless he possesses the qualification specified therein. ANNEXURE-III POST(1) QUALIFICATION(3) Groundsman AGroundsman ALascar, Grade ILascar, Grade II Vehicle Helper Nursing Orderly Mazdoor, Grade I Mazdoor, Grade II Coal Mazdoor Laboratory Helper Messenger Boy Gurkha Watchman Matty-cum-Watchman Watchman Gardener Sweeper Sanitary Worker Pass in IV Standard with one year practical experience in the type of work concerned. Pass in IV Standard with one year practical experience in the type -do-- do- -do- -do- -do- Ability to read and write Tamil -do- . -do- -do- “Note-5: The qualification of ”Ability to read and write Tamil” prescribed for the posts of Watchman, Gardener, Sweeper and Sanitary Workers, will not be applicable to the appointment of dependents of employees who die in harness.” 28. Note-5 to Annexure-III of the Regulations makes it very clear that for giving appointment as Gardener, Sweeper and Sanitary worker, the dependents of the deceased employee need not have the qualification of ability to read and write in Tamil. Note-5 to Annexure-III of the Regulations makes it very clear that for giving appointment as Gardener, Sweeper and Sanitary worker, the dependents of the deceased employee need not have the qualification of ability to read and write in Tamil. But the learned counsel for the respondents submitted that Note-5 to Annexure-III of the Regulations is not applicable to the dependents of the deceased, who die in harness, by reading in isolation the words “will not be applicable to the appointment of dependents of employees who die in harness” in Note-5. Such an interpretation is absurd. Note-5 has to be read in its entirety. Note-5 makes it clear that the qualification of ability to read and write in Tamil prescribed for the post of Gardener, Sweeper and Sanitary Worker will not be applicable to the dependents of the deceased employee, who die in harness. 5. It is also a fact that the employees belonging to the lower category seek those compassionate appointment to the lowest posts. The statutory Regulations also do not insist any qualification for those posts, in the matter of providing compassionate appointment. Therefore, at the outset, insisting a pass in VIII standard for the lower posts for which no educational qualification is required as per Regulations for providing compassionate appointment is opposed to the Statutory Regulations. Hence, the impugned order dated 15.10.2013 is illegal and the same is quashed. Accordingly, the writ petition is allowed with a direction to the respondents to provide compassionate appointment to the petitioner within a period of eight weeks from the date of receipt of a copy of this order. No costs.