Madras High Court
S.Rajkumar vs The Chairman on 11 January, 2008
Author: S. Manikumar
Bench: S.Manikumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.01.2008
CORAM
THE HONOURABLE MR.JUSTICE S.MANIKUMAR
W.P.No.24636 of 2004
S.Rajkumar ... Petitioner
vs.
1. The Chairman,
Tamil Nadu Electricity Board,
800, Anna Salai, Chennai-2.
2. The Chief Engineer (Employment),
Tamil Nadu Electricity Board,
800, Anna Salai, Chennai-2.
3. The Assistant Administrative Officer,
Mettur Electricity Distribution Circle,
TNEB, Mettur Dam-1, Salem District. ... Respondents
Writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified mandamus, to call for the records pertaining to the proceedings of the second respondent in his Letter No.017744/194/G.10/G.102/Karu.12/2004-1/dated 13.05.2004, quash the same and consequently direct the respondents 1 and 2 to give employment to the petitioner under compassionate appointment in the place of his father later A.Sundararajan , who died in harness on 11.09.1999 by considering the Rules and Board Proceedings.
For Petitioner : Mr.N.Manokaran
For Respondents : Mr.K.Vaidyanathan
O R D E R
The petitioner has sought a Writ of Certiorarified mandamus to quash the proceedings of the second respondent in his Letter No.017744/194/G.10/G.102/Karu.12/2004-1/dated13.05.2004, quash the same and consequently direct the respondents 1 and 2 to give employment to him under compassionate appointment in the place of his father later A.Sundararajan , who died in harness on 11.09.1999 by considering the Rules and Board Proceedings and for further orders.
2. The petitioner has submitted that his father, late A.Sundararajan, was working as Wireman in Tamil Nadu Electricity Board. He died in harness on 11.09.1999, leaving behind his wife Pasupathi and two sons. At the time of death, the petitioner was aged 22 years and because of his father's sudden demise, the petitioner was heavily burdened with a responsibility to take care of his family. The petitioner has further submitted that while he was studying 7th standard, he was attacked by viral fever which compelled him to discontinue his further studies. Soon after his father's death in the year 1999, his mother submitted an application to the second respondent to provide employment to the petitioner on the basis of ex gratia policy of the Board so as to provide immediate financial assistance to the family of the deceased employee. On the application, the second respondent directed petitioner's mother to submit the following documents, viz., (i) Legal Heirship certificate, (ii) Death certificate, (iii) Age Proof Certificate, (iv) Community Certificate, and (v) Educational Qualification Certificate. The petitioner, after obtaining "No Objection Certificate" from his mother and brother, claimed employment on Compassionate ground. As stated supra, due to the unforeseen circumstances, he was prevented from pursuing his studies and therefore, he joined in introductory course at Madurai Kamarajar University (Open) and completed the pre-foundation course conducted by the Directorate of Distance Education, Madurai Kamarajar University.
3. The petitioner has further submitted that as per G.O.Ms.No.528, dated 18.05.1985 and G.O.Ms.No.1110, dated 17.09.1985, pre foundation course is equivalent to SSLC and as per the Prospectus issued by Madurai kamarajar University, joining pre-foundation course in the said University is equivalent to successful completion of 8th standard. Though the application seeking compassionate appointment has been made within the stipulated period, there was no response. Therefore, the petitioner has approached the respondents on several occasions and requested them to provide him a suitable job. On 11.02.2003, the second respondent in his proceedings directed the petitioner to produce proof of completion of 8th Standard. Though the petitioner has produced the course completion certificate of the Madurai Kamaraj University, the second respondent, by his letter dated 20.08.2003, insisted the petitioner to submit proof for completion of minimum educational qualification. Finally, the petitioner received a communication from the second respondent dated 13.05.2004, rejecting his request on the ground that the petitioner has not obtained the minimum qualification, viz., 8th Standard pass within a period of 3 years from the date of death of his father. Aggrieved by the same, the petitioner has preferred the present Writ Petition.
4. The Chief Engineer/Personnel, Tamil Nadu Electricity Board, second respondent herein, in his counter affidavit has submitted that the petitioner's father Late A.Sundararajan, was working as Wireman in the office of the Junior Engineer/O&M/Puduchatharam Section under the control of the Superintending Engineer/mettur Electricity Distribution Circle. While in service, the said A.Sundararajan died on 11.11.1999. The petitioner's mother, Smt.Pasupathi, made a representation dated 21.10.2002, requesting the respondents to provide job assistance to him on compassionate grounds. On receipt of the representation, the petitioner was informed by letter dated 13.05.2004 that job assistance on compassionate grounds is not feasible of compliance, as the petitioner has not obtained the minimum qualification of VIIIth Standard pass within a period of 3 years from the date of death of the deceased employee. The petitioner's mother once again made a representation dated 09.08.2004 to the second respondent and when the representation was under consideration, the petitioner has moved the present Writ Petition before this Court.
5. The respondents have further submitted that the petitioner was once again informed by letter dated 30.08.2004 that Introductory course conducted by the Madurai Kamarajar University is not equivalent to VIII Std., pass. The respondents have submitted that the candidates who have passed VIII Standard or completed the one year Introductory course or Xth Standard failed are only eligible to join in pre-foundation course. The petitioner is said to have completed the one year Introductory Course and thus become eligible to join the pre-foundation course. The petitioner had discontinued in VII standard and Introductory course is not equivalent to VIII Standard and these facts are mentioned in detail in the prospectus issued by the Madurai Kamarajar University.
6. The respondents have further submitted that on the date of applying for appointment on compassionate ground, the petitioner did not pass 8th Standard which is the minimum educational qualification fixed by the Board. The contention of the petitioner that since he has failed in pre foundation course, it should be treated as failed in SSLC and consequently to be construed as qualified for pass in 8th Standard, cannot be countenanced. The respondents have further submitted that a pass in pre-foundation course in April 2003 is admittedly beyond 3 years from the date of the death of the deceased employee and therefore, as per B.P.(FB) No.46, dated 13.10.1995, the petitioner's request cannot be entertained. For the above said reasons, the respondents have submitted that the rejection of the application for compassionate appointment as per the existing Rules and Regulations of the Tamil Nadu Electricity Board, does not suffer from any illegality or irregularity warranting interference.
7. Mr.Anandamurthi, learned counsel for the petitioner, referring to G.O.Ms.No.528, P & AR Department, dated 18.05.1985 and G.O.Ms.No.1110, dated 17.09.1985, submitted that the Government, after considering the requests of the University, directed that the Pre-Foundation course of Madurai Kamaraj University be recognised as equivalent to old SSLC of the Tamil Nadu Government for purpose of entry into service in this State. He submitted that when the petitioner had completed Introductory course and joined the Pre-Foundation course, which is equivalent to old SSLC, it amounts to successful completion of 8th standard which is the minimum qualification prescribed by the Electricity Board and therefore, the petitioner has satisfied the minimum educational qualification prescribed for entry into Electricity Board.
8. Referring to the course completion certificate dated 11.10.2002 issued by the Directorate of Distance Education, Madurai Kamaraj University, learned counsel for the petitioner submitted that when the petitioner had appeared in the Pre-Foundation course conducted by the Directorate of Distance Education, Madurai Kamaraj University, which is equivalent to 10th Standard and passed out in three subjects, the respondents ought to have construed that the petitioner had passed 8th Standard and provided a suitable job. He further submitted that though the the petitioner has made an application seeking compassionate appointment soon after his father's death in the year 1999, the respondents even after lapse of 5 years, have not chosen to provide employment on the basis of ex gratia policy of the Board and therefore, the very object of compensation is defeated. Placing reliance on the decision of the Division Bench in P.Rajamani v. The Chairman, Tamil Nadu Electricity Board and 2 others reported in 2007 Writ. L.R. 306, learned counsel for the petitioner submitted that the very purport of extending a helping hand to provide compassionate appointment would be defeated, if such claims are turned down on hyper technical ground.
9. Per contra, Mr.Vaidyanathan, learned counsel for the respondents, reiterating the contentions made in the counter affidavit, submitted that the completion of one year introductory course conducted by the Directorate of Distant Education, Madurai Kamaraj University is not equivalent to pass in 8th Standard. He further submitted that the petitioner had already discontinued 7th Standard and considering the fact that the petitioner did not successfully complete the introductory course equivalent to SSLC within three years from the date of death of his father, the same cannot be treated as SSLC failed and therefore, the petitioner is not entitled to benefits of the Government Orders referred to above. He further submitted that since the petitioner had passed Pre-Foundation course only in the year April 2003, which is beyond three years from the date of death of petitioner's father, he has not satisfied the requirements contemplated as per B.P.(FB)No.46, dated 13.10.1995. For the above said reasons, he prayed for dismissed of the Writ Petition.
Heard the counsel appearing for the parties and perused the materials available on record.
10. The Directorate of the Distance Education, Madurai Kamaraj University has introduced one year Introductory course and one year Pre-Foundation course. As per the Prospectus issued by the Madurai Kamaraj University, those who have completed 14 years of age are eligible to register themselves for the one year introductory course with necessary proof of age certificate issued by the Deputy Tahsildar/Revenue Department or Notary Public. As per the Prospectus issued by the University, there is no final examination for the introductory course and the said course is not equivalent to 8th Standard. Persons who have successfully completed one year introductory course, have to compulsorily pursue their studies in Pre-Foundation Course for a period of one year. Introductory course, Pre-Foundation Course comprises of two compulsory subjects, i.e., Part-I Tamil and Part-II English. Besides, there are seven subjects in Part-III and split up into five groups. The student has to choose any one of the group, which consists of three subjects.
11. The Government in G.O.Ms.No.527, Personnel and Administrative Reforms (P & AR) Department, dated 18.05.1985, considered the request of the Registrar, Madurai Kamaraj University, and issued orders treating the qualification of Pre-Foundation course as equivalent to the old 11 year SSLC Matriculation Examination and the Foundation course is equivalent to the Higher Secondary Course, i.e., 12th Standard. The above said order of the Government is extracted hereunder:
GOVERNMENT OF TAMIL NADU ABSTRACT Public Services Recognition qualification Pre Foundation and Foundation Courses of Madurai Kamaraj University Equivalence orders issued.
PERSONNEL & ADMINISTRATIVE REFORMS (P & AR) DEPARTMENT G.O.Ms.No.528 Dated:18.05.1985 Read:
1. From the Registrar, Madurai kamaraj Unviersity letter No.E.Recog-281, dated 03.03.1981.
2. From the Registrar, University of Madras letter No.CRIII Recog Foundation Course/MKU/848 39, dated 21.03.1984
3. From the Director of School Education letter No.R.C.123136/W16/81, dated 23.05.1984.
4. From the Secretary, Tamil Nadu Public Service Commission letter No.5463/BA5/84-85, dated 18.10.84.
Order:
1. The Registrar, Madurai kamaraj University, Madurai in his letter first read above has requested the Government to recognise the first year Foundation Course of the Open University system conducted by the above University as equivalent to the old 11 year SSLC Matriculation Examination and the second year Foundation course as equivalent to Pre-University course/12 year Higher Secondary Examination for purpose of employment in public service in this state.
2. The above request was examined in consultation with the Registrar, University of Madras, Director of School Education and Tamil Nadu Public Service Commission, Madras.
The Syndicate of the University of Madras, as its meeting held on 27.02.1984, resolved that the Foundation Course of the Open University System of Madurai Kamaraj University be recognised as equivalent to pass in the +2 of the 10 + 2 pattern for the purpose of admission to the degree course of the University of Madras subject to usual conditions. The Board of Higher Secondary Education has considered that there should be no objection to recognise the Pre-Foundation Course examination which corresponds to the 10th standard public examination conducted by the Director of Government Examination as an entrance qualification for admission to the first year Higher Secondary Course, i.e., Standard II.
As regards Foundation Course, the board has resolved to recognise this course equivalent to the higher secondary course in view of the fact that the Madras University has already recognised the course as an entrance qualification for admission to the degree course. The Tamil Nadu Public Service Commission, Madras which was consulted in the matter has expressed a view, after taking into account the opinion of the University of Madras and Director of School Education that a pass in the Foundation course of the Madurai Kamaraj University Open University be recognised as equivalent to a pass in the Higher Secondary Course of the Tamil Nadu Government.
The Commission is also of the view that a pass in the Foundation Course of the Madras Kamaraj University Open University may be recognised as equivalent to a pass in the year S.S.L.C. Public examination of Tamil Nadu Government for purpose of employment into public service in the State.
3. The Government, after careful consideration, directs that the Pre-Foundation Courses of the Madurai Kamaraj University be recognised as equivalent to the 10 years S.S.L.C. of the Tamil Nadu Government for purpose of entry into service in this State. The Government also directs that the two years Foundation course of the Madurai Kamaraj University Open University be recognised as equivalent to Higher Secondary (+2) course of the Tamil Nadu Government for the purpose of entry in Public Services in the State.
(BY ORDER OF THE GOVERNOR) J.ANJANIDAYANAND SPECIAL COMMISSIONER & SECRETARY TO GOVERNMENT
12. In G.O.Ms.No.587, Education, dated 23.03.1978, rules were issued regarding admission of candidates to the first year and second year of the Higher Secondary Course and the same are as follows:
"1.(a) Candidates who have secured a minimum of 35% of marks in each subject in one or more sittings under the compartmental system in the Secondary School Leaving Certificate Examination (S.S.L.C.) or Oriental School Leaving Certificate Examination (O.S.L.C.) or Anglo Indian School Leaving Certificate Examination (A.I.S.L.C.) or the matriculation examination conducted in the Tamil nadu at the end of the X Standard any other examination recognised by the department as equivalent thereto are eligible for admission to the First Year of the Higher Secondary Courses.
2.(b) Candidates who have been declared eligible for University Courses or have secured a minimum of 35% of marks in each subject in one or more sittings under the compartmental system in the Secondary School Leaving Certificate (S.S.L.C.) or the Oriental School Leaving Certificate Examination (O.S.L.C.) or Anglo Indian School Leaving Certificate Examination (A.I.S.L.C.) or the matriculation examination conducted in the Tamil nadu at the end of the XI Standard or any other examination recognised as equivalent thereto by the department shall be admitted into Second year of the Higher Secondary Course."
13. Subsequent to the recommendation of the Board of Higher Secondary Education (endorsed by the Director of School Education and Tamil Nadu Public Service Commission), the Government issued orders in G.O.Ms.No.1110, Education (HS-2) Department, dated 17.09.1985 and directed that in addition to the qualifications prescribed above, following qualifications under the Open University System of Madurai Kamaraj University also considered equivalent to the qualifications specified against each for Academic Purpose, i.e, for admission to the I or II year of the Higher Secondary Course in Schools in Tamil Nadu.
Qualification under Open Equivalent (for academic University System of purpose) to Madurai Kamaraj University Pass in Pre-Foundation Pass in SSLC ( X Standard Course (with 35% or more in (Therefore can be admitted each subject) in I year Higher Secondary Class) Pass in Foundation Course Pass in I year of Higher First year Secondary Course (Therefore, can be admitted in II year Higher Secondary Class)
14. A reading of the two Government Orders, makes it clear that a pass in Pre-Foundation Course with 35% or more in each subject is treated as pass in SSLC old pattern and a pass in Foundation Course is equivalent to pass in the Higher Secondary course. Admittedly, the petitioner had undergone one year Pre-Foundation course conducted by the Director of Distance Education, between July 2001 to April 2002 with following subjects, viz., Tamil, English, History, Economics and Politics. A course completion certificate dated 11.10.2002 has also been issued by the Director of the said University. In the examination conducted by the Directorate of Distance Education, the petitioner had appeared in all the subjects and passed out in three subjects and cleared the arrears in April 2003. As per G.O.Ms.No.1110, Education (HS 2) Department, dated 17.09.1985, a pass in the Pre-Foundation Course, is equivalent to pass in SSLC Standard and those, who had successfully completed the Pre-Foundation Course, can be admitted in the first year Higher Secondary Course.
15. While issuing the Course Completion Certificate dated 11.10.2002 to the petitioner, the Directorate of Distance Education has categorically mentioned that the Pre-Foundation course is equivalent to SSLC old pattern and Foundation course is equivalent to 12th Standard vide G.O.Ms.No.527, Personnel and Administrative Reforms (P & AR) Department, dated 18.05.1985 and G.O.Ms.No.1110, Education (HS 2) Department, dated 17.09.1985, respectively. The prospectus issued by the Madurai Kamaraj University states that there is no examination for the Introductory Course and it is not equivalent to VIII Standard. Those who have completed the Introductory Course will not be issued with a Equivalent Certificate, Transfer Certificate or Course Completion Certificate and the student has to compulsorily continue the Pre-Foundation Course. When no examination is conducted for the course undergone by the student, the University being the competent authority to issue certificates/diplomas/degrees is right in saying that they will not issue any certificate, much less equivalent certificate.
16. As per the Clause 2.1.2 of the prospectus, the eligibility to join pre-foundation course is a pass in Eighth Standard or completion of Introductory Course/10th Standard fail. As per Clause 2.1.1 (5) of the Prospectus, those who have completed both one year Introductory Course and Pre-Foundation Course would be issued a certificate. An examing body such as the Directorate of Examination or University or any other competent authority authorised by law, issues a certificate only when the student undergoes a course, programme of study recognised by the Board of examination or concerned University or any other competent body authorised to issue a certificate/diploma/degree, so as to enable a student to pursue higher studies or enable the candidate to acquire a job suitable for that educational qualification. Therefore, once the University imparts education, conducts an examination and issues a Course Completion Certificate, the same has to be accepted by the Educational Institutions/University enabling the certificate/diploma/degree holder to pursue his/her higher studies and that the Government/Public Sector undertaking, Board etc., have to recognise the said Certificates, Degree for the purpose of entry in Public Service in this State. In the case on hand, the petitioner has completed the Pre-Foundation Course conducted by the Directorate of Distance Education of Madurai Kamaraj University and a Course Completion Certificate has also been issued. As stated supra, unless the student completes the Introductory Course he cannot pursue the Pre-Foundation Course which is recognised as equivalent to the 10 years SSLC for the purpose of entering into the public services of the State of Tamil Nadu.
17. As Pre-Foundation course has now been made equivalent to pass in SSLC, the logical conclusion that could be arrived at is that the petitioner, who had appeared in Pre-Foundation Course conducted by the Madurai Kamaraj University and failed, should be treated as SSLC failed candidate. As per the Board Proceedings (FB) No.46, dated 13.10.1995, 8th standard pass is the minimum educational qualification for entering into the Electricity Board.
18. In P.Rajamani's case cited supra, the Division Bench considered the case of the request of the petitioner's younger son for compassionate appointment, which was rejected on the ground that he had not completed 18 years within three years from the date of death of his father and not satisfied with the Educational Qualification ie., a pass in the 8th Standard and that the application was not made within three years. In Paragraph 6 of the judgment, the Court held as follows:
"We hasten to state that the very purport of extending a helping hand to a destitute on the death of her husband by way of compassionate appointment would get defeated if such claims are turned down on such hypher technical ground."
19. Considering the fact that the petitioner had successfully completed the Pre-Foundation Course equivalent to SSLC within the few months after the expiry of three years period prescribed under the Board proceedings and the plight of the family of the deceased-employee of the Board, the impugned order rejecting the request of the petitioner for compassionate appointment is set aside. The respondents are directed to consider the case of the petitioner sympathetically and pass appropriate orders as per the scheme to provide ex gratia appointment to the legal representatives of the deceased-employee.
20. With the above direction, the Writ Petition is allowed. No costs.
11.01.2008 Note to Office: Issue on 11.02.2008 Index: Yes skm To
1. The Chairman, Tamil Nadu Electricity Board, 800, Anna Salai, Chennai-2.
2. The Chief Engineer (Employment), Tamil Nadu Electricity Board, 800, Anna Salai, Chennai-2.
3. The Assistant Administrative Officer, Mettur Electricity Distribution Circle, TNEB, Mettur Dam-1, Salem District.
S. MANIKUMAR, J.
skm W.P.No.24636 of 2004 11.01.2008