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2015 DIGILAW 501 (MAD)

P. Pandi Selvam v. Chief Engineer-Personnel, Tamil Nadu Electricity Board, Chennai

2015-01-29

V.M.VELUMANI

body2015
Judgment 1. This writ petition is filed praying for issuance of writ of Certiorarified Mandamus to quash the proceedings of the second respondent in Lr.No.09175/May Po/Ma Me Pa va/Pe Na/Ni pi/2/Ka May/ Ko.Vaa Ve/2007-1 dated 1/6/14.08.2007 and for consequential direction to the second respondent to provide compassionate appointment to the petitioner by holding that the petitioner is eligible for compassionate appointment. 2. The petitioner is the brother of one P.Balakrishnann. The said Balakrishnan was working as a Wireman with Tamil Nadu Electricity Board in the year 1997. The petitioner's father and mother died in the year 1983 and 2000 respectively. After the death of his parents, his brother namely, the said Balakrishnan was looking after the petitioner and taking care of the petitioner and their family. The said Balakrishnan was not married and he died on 04.12.2004 after rendering seven years of service with the respondent Board. During the life time of their mother, his sister was married. Therefore, all the terminal benefits were given to the petitioner as a legal heir. The petitioner is qualified +2 and not employed in Government or Private. Therefore, he sought for appointment for him on compassionate ground and submitted an application on 30.07.2007. 3. The second respondent by the impugned order dated 14.08.2007 rejected the petitioner's claim for appointment on compassionate ground. According to the second respondent, as per B.P.No.131 Board's standing order dated 19.06.1998 only direct legal heirs of the deceased board employees are eligible for appointment on compassionate ground. The petitioner has challenged the said order in the present writ petition. 4. After filing of the writ petition, the respondent Board by the proceedings dated 18.08.2008 in (per)B.P.(F.B.) No.27(Adm.Branch) adopted the Government Order in G.O. Ms.No.134 Labour and Employment (Q1) Department dated 22.10.1998. By adopting the said G.O, the Board by the proceedings referred to above clarified that unmarried brothers and sisters also may be considered for appointment on compassionate ground if the employee of the Board dies in harness while in service. Proceedings in (per)B.P.(F.B) No.27, dated 18.08.2008 is extracted below: PROCEEDINGS: As per the existing orders for providing employment assistance on compassionate grounds to the dependents, any one of the following family members of the deceased employee is being considered for employment assistance. Proceedings in (per)B.P.(F.B) No.27, dated 18.08.2008 is extracted below: PROCEEDINGS: As per the existing orders for providing employment assistance on compassionate grounds to the dependents, any one of the following family members of the deceased employee is being considered for employment assistance. i) Wife/Husband, son, un-married daughter, married daughter deserted by her husband living with the family of the deceased employee, widowed or divorced daughter living with the family of the deceased employee and legally adopted son/unmarried daughter. 2.In G.O. Ms.No.134 (L & E Department), dated 22.10.1998 the Government has issued orders that the un-married brothers/unmarried sisters of the deceased Government Servant who dies in harness while in service are also eligible for appointment on compassionate grounds if they satisfy the other conditions stipulated for giving employment assistance on compassionate grounds and it is ascertained from the Government that the executive orders issued in the above G.O. is being implemented and still in force. Board has decided to adopt the G.O. by placing the above matter before the Board Meeting for decision of the Board to provide employment assistance under compassionate grounds. 3. Accordingly, the proposal for adopting the G.O.Ms.No.134 (L & E (Q.1) Department dated 22.10.1998 for adoption in TNEB was placed before the Board in its 915 th Meeting held on 29.07.2008 and the same has been approved as detailed below: i) In case a Board employee, who is unmarried, dies while in service, (leaving parents, brothers and sister in an indigent circumstances), the question of providing employment assistance on compassionate grounds to his unmarried brother/unmarried sister may also be considered. Accordingly it may be directed that the term 'near relative' included unmarried brother/ unmarried sister of the unmarried employee of the Board who died in harness while in service subject to satisfaction of other conditions of Board prescribed under the scheme. ii) This will apply to all cases of death of employee that occur on and after the date of approval of the Board meeting. 5. In the said proceedings it has been stated that it would apply to all cases of death of the employees of the Board that occur on or after the date of approval of Board i.e. 29.07.2008. In the present case, the petitioner's brother who was the employee of the respondent Board died on 04.12.2004. Therefore, the board proceedings dated 18.08.2008 which came into effect after death of the petitioner's brother. In the present case, the petitioner's brother who was the employee of the respondent Board died on 04.12.2004. Therefore, the board proceedings dated 18.08.2008 which came into effect after death of the petitioner's brother. From the Board proceedings 18.08.2008, the Board has to adopt G.O.Ms.No.134 (Labour and Employment) Department dated 22.10.1998. As per the said order unmarried brother and sister also considered for appointment on compassionate ground. The said G.O.was in force from 22.10.1998. When the petitioner died the said G.O was not adopted by the respondent Board. 6. The respondents in their counter affidavit did not state that the petitioner is not in indigent condition or he is well settled in life. They have not denied the averments of the petitioner that the petitioner's brother was a sole bread winner and the petitioner is dependent on his brother. 7. In view of G.O.Ms.No.134 Labour and Employment (Q1) dated 22.10.1998, which was adopted by the Board's proceedings dated 18.08.2008, the respondent is directed to consider the application of the petitioner dated 30.07.20007 as a special case favourably though the Board's proceedings dated 18.08.2008 was not in force when the petitioner's brother died on 4.12.2004 and pass orders within a period of eight weeks from the date of receipt of a copy of this order. This order will not be a precedent to other cases. 8. With the above direction, this writ petition is allowed. No costs. Consequently, connected M.P is closed.