Madras High Court
R.Sobana vs The Tamil Nadu Generation And ... on 5 September, 2024
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.09.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P.No.19305 of 2023
R.Sobana ... Petitioner
Vs.
1. The Tamil Nadu Generation and Distribution
Corporation Ltd (TANGEDCO)
Rep by its Chairman,
10th Floor, N.P.K.K.R.Maligai,
144 Anna Salai,
Chennai 600 002
2. The Superintending Engineer,
Mettur Electricity Distribution Circle,
Mettur Dam – 1
3. A. Vijaya
4. R.Arthanari ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of certiorarified mandamus to call for the records of the 2 nd
respondent in Ka.No.00396/038/ ep/gp.1/c3 /fUvz;/11/ nfh/thupRntiy/ 2023-1 dated
07.02.2023 and quash the same and consequently direct the 2nd respondent to
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appoint the petitioner on the ground of compassionate appointment due to death
of her husband namely A.Raja.
For Petitioner : Mr.L.G.Sahadevan
for A.Ilayaperumal
For Respondents : Mr.K.Rajkumar
Standing Counsel
ORDER
This writ petition has been filed challenging the proceedings of the 2nd respondent dated 07.02.2023 and for a consequential direction to the 2nd respondent to consider the appointment of the petitioner on compassionate ground.
2. Heard Mr.L.G.Sahadevan, learned counsel appearing on behalf of A.Ilayaperumal, learned counsel for the petitioner and Mr.K.Rajkumar, learned Standing Counsel for respondents.
3. The case of the petitioner is that her husband Raja was employed in the 2nd respondent office as an Assistant Engineer. He died in harness on 28.05.2021. The deceased left behind the petitioner, their six years old child and 2/7 https://www.mhc.tn.gov.in/judis his parents as his legal heirs.
4. The further case of the petitioner is that she has sufficient educational qualification but there is no one else to take care of the family and she is unemployed. Therefore, the petitioner made an application on 10.01.2023 seeking for compassionate appointment by enclosing all the required documents.
5. The 2nd respondent through the impugned letter dated 07.02.2023 has returned back the application on the ground that there is no mention of the name of the father in the legal heirship certificate issued by the Tahsildar. The other ground that has been raised is that the petitioner has not obtained the no objection from the parents of the deceased.
6. The petitioner aggrieved by the impugned letter dated 07.02.2023, has filed the present writ petition.
7. The learned Standing counsel appearing on behalf of TANGEDCO 3/7 https://www.mhc.tn.gov.in/judis submitted that the application submitted by the petitioner has not been rejected and it has been merely returned back asking the petitioner to furnish certain particulars / documents. The petitioner can always furnish the particulars and the required documents and resubmit the application, which will be considered on its own merits.
8. The learned counsel for the petitioner submitted that the Tahsildar has given a legal heirship certificate by showing the name of the petitioner, son named Hemanth and the mother of the deceased. The learned counsel submitted that when the Tahsildar issues the legal heirship certificate only the Class 1 heirs are shown in the legal heirship certificate since the father of the deceased is a Class 2 Heir and his name has not been mentioned in the legal heirship certificate.
9. Insofar as the No objection is concerned, the learned counsel submitted that such no objection will be required only for the pensionary benefits and it is not necessary for the petitioner to get a no objection from the parents of the deceased for applying on compassionate ground. 4/7 https://www.mhc.tn.gov.in/judis
10. In the considered view of this Court, the legal heirship certificate mentions the name of the wife, son and the mother of the deceased. At the relevant point of time, the legal heirship certificate was issued only by showing the names of Class -1 heirs. This position was subsequently clarified by the Full bench of this Court in [Venkatachalam Vs. Tahsildar and others] reported in 2022 4 CTC Page 1 at Paragraph 65 of the order. Therefore, the legal heirship certificate that was given by the Tahsildar dated 07.06.2021 cannot be faulted and the respondent will have to necessarily act upon it.
11. The next issue pertains to the No objection certificate that was insisted by the respondents. For the present, this Court is not dealing with a case of settling the pensionary benefits / retirement benefits. The case confines itself only to the claim made by the petitioner for appointment on compassionate grounds. The same does not require the no objection from the parents of the deceased since in any case they will not be entitled for compassionate appointment considering their age. Such no objection can be insisted where there are other legal heirs who are also entitled for consideration for 5/7 https://www.mhc.tn.gov.in/judis appointment on compassionate ground. In such a scenario, unless those legal heirs given a No objection certificate, the application cannot be processed.
12. In view of the above, there is no reason for the respondents to insist for No objection certificate from the parents of the deceased.
13. In the light of the above discussion, the Return Memo / letter dated 07.02.2023 issued by the 2nd respondent is hereby quashed. There shall be a direction to the petitioner to resubmit the application seeking for employment on compassionate ground. The same shall be considered on its own merits and in accordance with law and in line with the relevant Government Order. A final decision shall be taken within a period of eight weeks from the date of receipt of a copy of this order.
14. In the result, this writ petition is allowed in the above terms. No costs.
05.09.2024
Internet : Yes
Index : Yes
Speaking Order / Non Speaking Order
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rka
N. ANAND VENKATESH, J.
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To
1. The Tamil Nadu Generation and Distribution Corporation Ltd (TANGEDCO) Rep by its Chairman, 10th Floor, N.P.K.K.R.Maligai, 144 Anna Salai, Chennai 600 002
2. The Superintending Engineer, Mettur Electricity Distribution Circle, Mettur Dam – 1 W.P.No.19305 of 2023 05.09.2024 7/7 https://www.mhc.tn.gov.in/judis