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Madras High CourtWP/17735/2015allowed

M.Govindaraj v. The Tamilnadu Generation And

2023-06-28Honourable Mr Justice V. Lakshminarayanan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2023

CORAM

THE HONOURABLE Mr. JUSTICE V. LAKSHMINARAYANAN M.Govindaraj ...

Petitioner Vs.

1.Tamil Nadu Generation and rep. by its Chairman, 2.The Chief Engineer (Personnel), 3.The Superintending Engineer, Dharmapuri Electricity Distribution Circle, Dharmapuri.

...

Respondents 1/5

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to provide suitable employment to the petitioner on compassionate ground, without insisting change in date of birth in Educational Certificate, in the light of the order passed in W.A.No.809 of 2010 dated 05.06.2012.

For Petitioner : Mr.S.N.Ravichandran For Respondents : Mr.K.Rajkumar

ORDER

The writ petitioner seeks for a Mandamus directing the respondent to provide appointment on compassionate basis, without insisting on the change of the date of birth.

2.The petitioner's father died on 31.10.1998. Within a period of three years, a representation was given on 30.9.1999, seeking for appointment of the petitioner on compassionate basis. The said application was not rejected but has been still kept pending on the ground that there is a discrepancy between the date of birth that has been given in the Certificate of Tahsildar and the one given in the SSLC Book.

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3.As per Regulation 110(a) of the Tamil Nadu Electricity Board Service Regulations, precedence must be given to the date of birth as entered in the SSLC Book, and not with respect to any other records. Therefore, the respondents are directed to consider the application of the petitioner for appointment on compassionate basis, on the basis of his SSLC Certificate without insisting on the submission of a separate Certificate. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

Accordingly, this Writ Petition is disposed of. No costs. 28.06.2023 Index : Yes / No Internet : Yes / No mps To 1.The Chairman, 3/5

2.The Chief Engineer (Personnel), 3.The Superintending Engineer, Dharmapuri Electricity Distribution Circle, Dharmapuri.

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V. LAKSHMINARAYANAN , J, mps 28.06.2023 5/5