Madras High Court
S.Velraj vs The Superintendent Engineer on 16 December, 2015
Bench: V.Ramasubramanian, N.Kirubakaran
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.12.2015
CORAM
THE HON'BLE MR.JUSTICE V.RAMASUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
W.A.(MD).No.1400 of 2011
S.Velraj : Appellant
Vs.
1.The Superintendent Engineer,
Tamil Nadu Electricity Board,
Tirunelveli Electricity Distribution Circle,
Tirunelveli.
2.The Chief Engineer (Personnel),
Tamil Nadu Electricity Board,
No.800, Anna Salai,
Chennai-600 002. : Respondents
PRAYER: Writ Appeal is filed under Section 15 of Letters Patent to set aside
the order passed by this Court in W.P.(MD)No.5346 of 2009, vide its order
dated 13.09.2010 and thereby, call for the entire records pertaining to the
impugned order passed by the first respondent vide his Lr.No.Proposal
No.109/R.311/ADM-II(2)/99-7, dated 15.07.2000 and quash the same and
consequently, direct the respondents to provide an appointment to the
appellant under the compassionate ground in their department.
!For Appellant : Mr.R.Anand
^For Respondents : Mr.G.Kasinathadurai
:JUDGMENT
[Judgment of the Court was delivered by N.KIRUBAKARAN, J] This Writ Appeal has been preferred by the original writ petitioner against the dismissal of a Writ Petition filed challenging the order of rejection for appointment on compassionate ground in the Electricity Board.
2. The appellant is the eldest son of one S.Shanmugiah, who was working as Helper in the respondent Board and died in harness on 19.03.1992. At the time of death, the appellant was aged about 12 years. On attaining majority, he applied for compassionate appointment. However, the same was rejected on the ground that the application had been filed beyond three years. The said order was challenged before the learned Single Judge, who dismissed the Writ Petition relying upon a series of judgments.
3. It is admitted fact that the employee died on 19.03.1992, leaving behind four children and at that time, the appellant is the eldest son, aged about 12 years. If he applied for appointment on compassionate ground at that time, when he was 12 years, his application would have been rejected on the ground that he was a minor and, therefore, on attaining majority, the appellant rightly applied for appointment on compassionate ground. However, taking into consideration the plight of the family and also the young age of the mother and other children, it is a case where appointment on compassionate ground has to be given. Three years limitation cannot be applied in strait-jacket formula and each and every case has to be approached differently, based on the facts. Since the eldest son of the family has rightly applied for appointment on compassionate ground, on attaining majority, the respondents have to consider the appellant's application for appointment on compassionate ground.
4. In view of the above, the Writ Appeal is allowed and the order of the learned Single Judge and also the order of rejection for appointment on compassionate ground are set aside and the matter is remanded to the first respondent for fresh disposal, in the light of the judgment passed by this Court. Such exercise shall be completed, within a period of twelve weeks from the date of receipt of a copy of this judgment. No costs.
To
1.The Superintendent Engineer, Tamil Nadu Electricity Board, Tirunelveli Electricity Distribution Circle, Tirunelveli.
2.The Chief Engineer (Personnel), Tamil Nadu Electricity Board, No.800, Anna Salai, Chennai-600 002..