Magesh v. Tamil Nadu Electricity Board, represented by its Chairman
2014-09-02
S.VAIDYANATHAN
body2014
DigiLaw.ai
Judgment : 1. The petitioner has filed this writ petition for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the order of the third respondent herein vide his proceedings in letter No.334/7740/Ni.Pi.3/Udhavi 3/Ko.Ve.Va/2006 dated 25.11.2006, quash the same as illegal, arbitrary, unreasonable being violative of rules and principles of natural justice and thereby direct the respondents to give appointment to the petitioner on compassionate grounds in any suitable post commensurate with his qualification, consequent on the death of his father on 22.9.1995 while in service of the respondent-Board. 2. The petitioner's father M.R.Mani was employed in the respondent-Electricity Board as a Wireman and he died on 22.09.1995 while in service. According to the petitioner, in terms of Board's Proceedings No.46 dated 13.10.1995, the minors of the deceased employee/dependents of the deceased employee will have to make an application, within 3 years on attaining majority, requesting for compassionate appointment, fulfilling the guidelines mentioned by the Electricity Board. According to the petitioner, an application was made by the mother of the petitioner, which was rejected by the Electricity Board on 11.11.2001, on the ground that she does not have sufficient qualification. According to the petitioner, he has made a representation on 30.4.2008 on attaining majority on 15.4.2008, but the same is pending. By way of abundant caution, the petitioner has approached this Court challenging the order dated 25.11.2006, rejecting the claim of the petitioner and sending a communication to the mother of the petitioner. 3. Per contra, Mrs. R. Varalakshmi, learned Standing Counsel for the respondent-Electricity Board submitted that as the petitioner's mother was not qualified, her claim was rejected and the representation of the petitioner's mother, which was received by the Electricity Board on 12.7.2006 was also rejected on the ground that the petitioner had not completed 18 years of age and that the dependents, who passed VIII Standard and completed 18 years of age alone are considered for compassionate appointment. 4. The learned counsel for the Electricity Board also contended that there is no application of the year 2008 before them. Since the mother of the petitioner did not possess the minimum qualification i.e., VIII Standard pass, her request was rejected. The action of the respondent-Electricity Board is as per the rules of the Board's proceedings and that the petitioner had not completed 18 years of age, his claim was not considered. 5.
Since the mother of the petitioner did not possess the minimum qualification i.e., VIII Standard pass, her request was rejected. The action of the respondent-Electricity Board is as per the rules of the Board's proceedings and that the petitioner had not completed 18 years of age, his claim was not considered. 5. Even though the learned counsel for the respondent-Electricity Board has vehemently contended that the application of the petitioner dated 30.4.2008 has not been received by the Electricity Board, there is no averment in the counter that the same was not received. In terms of Board's Proceedings No.46 dated 13.10.1995, the person will have to apply within three years on attaining majority. If the parent of the applicant, who worked in the Electricity Board, died while he was in service in the respondent-Electricity Board, when the child was a minor, the application ought to be submitted within three years on attaining the age of majority. 6. From the documents filed before this Court, the petitioner has applied with a request for compassionate appointment, within three years. Precisely he has submitted the application within 15 days on attaining the age of majority and the petitioner has also approached this Court immediately and the application of the writ petitioner is also within 3 years from the date of he attaining majority. Rejecting the request of the petitioner on a technical ground, more particularly, that the claim of the petitioner's mother was already rejected by the Electricity Board, cannot be accepted at all. If the petitioner fulfills all other requirements as per the guidelines envisaged in the Board's Proceedings and the Rules, the case of the petitioner may be considered and the representation submitted by the petitioner to the Electricity Board on 30.4.2008 may be taken up on seniority basis and an order may be passed considering his claim within a period of three months from the date of receipt of a copy of this order. Before passing orders, it is open to the petitioner to make additional statement and the respondent is directed to give the petitioner an opportunity of being heard in person. 7. The writ petition is disposed of on the above terms. No costs. Consequently, connected miscellaneous petition is closed.