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Madras High CourtWP/3358/2025disposed of

R.Kaliammal v. The Chief Engineer (Personnel)

2025-01-31Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2025

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN R.Kaliammal Wife of (Late) Raju, Door No.81/16, 2nd Street, Annai Sivakami Nagar, Ennore, Chennai-600 057. ... Petitioner Vs.

The Chief Engineer, (Personnel), Tamil Nadu Generation & Distribution Corporation Ltd, No.144, Anna Salai, Chennai-600 002.

... Respondent Prayer: This Writ petition has been filed under Article 226 of the Constitution of India, praying to issue Writ of certiorarified mandamus to call for the records relating to the order of the respondent dated 29.11.2024 in Letter No.59398/G25/G252/2024 and quash the same and consequently direct the respondent to consider the application of the petitioner dated 18.07.2019 for appointment of the petitioner's son, Imayavarman on compassionate grounds.

For Petitioner : Mr.K.Selvaraj For respondent : Mr.K.Rajkumar Standing Counsel 1/6

ORDER

This Writ Petition has been filed for quashment of the order of the respondent dated 29.11.2024 vide Letter No.59398/G25/G252/2024 and to direct the respondent to consider the application of the petitioner dated 18.07.2019 for appointment of the petitioner's son, Imayavarman on compassionate grounds.

2. Learned counsel for the petitioner would submit that the petitioner herein is the wife of one late M.Raju who was employed as Senior Grade Helper in Chennai Electricity Distribution Circle North Ennore/SS under the control of the respondent. He was murdered on 10.10.1990 and a case was registered by the Ennore Police in Crime No.591 of 1990 for the offence punishable under Section 302 IPC. At the time of death, he was 40 years old and the petitioner had two sons and namely Raj Kumar, Imayavarman and one daughter namely Raja Lakshmi. The children were aged about 8, 2 and 1 year old respectively and they could not make any application on compassionate appointment. In the year 1995, petitioner was appointed as Helper by the respondent. On attaining majority, in the year 2013, the petitioner's daughter 2/6

submitted an application under Compassionate ground and the same was rejected in the year 2017 on the ground that she was already married. Aggrieved by the rejection of the application, petitioner's daughter filed a Writ Petition and the same is pending. Petitioner also made a representation to the respondent for appointment of her son, under the compassionate appointment. Thereafter, petitioner also has made several representations seeking appointment for her son on compassionate ground, but no orders were passed. Hence, the petitioner filed a Writ Petition and orders was passed directing the respondent therein to consider the application and pass order within a period of six weeks. On 30.01.2020, petitioner has sent a fresh representation and on 05.02.2020, the petitioner has also sent a legal notice to the respondent therein.

Since, no action was taken by the respondent, on 23.10.2024, petitioner has filed a Contempt Petition and notice was served to the respondent. Subsequently, respondent rejected the application by order dated 30.11.2024 of the petitioner on the sole ground that it is belated. Hence, petitioner is before this Court seeking suitable relief.

3. The learned counsel for the respondent would submit that the the petitioner may be directed to approach the authorities and the 3/6

authorities shall verify and consider the claim made by the petitioner, petitioner's son and daughter and will pass appropriate orders on merits in accordance with law.

4. Heard the learned counsel on either side and also perused the entire materials available on record.

5. Considering the facts and circumstances of the case and the relief that has been sought for in this Writ Petition, there shall be a direction to the respondent to conduct a field inspection as to verify whether any other documents been filed by the petitioner concerned and if so, the authorities shall consider the same and pass orders on merit, within a period of eight weeks from the date of receipt of copy of this order.

6. Accordingly, this Writ Petition is disposed of. No costs. 31.01.2025 gbi Index: Yes/No 4/6

To

1. The Chief Engineer, (Personnel), Tamil Nadu Generation & Distribution Corporation Ltd, No.144, Anna Salai, Chennai-600 002.

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V.BHAVANI SUBBAROYAN, J.

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