P.Priya, W/O.Pradeep v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.04.2017
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.8605 of 2017 & WMP.NOs.9418 & 9419 of 2017 P.Priya .. Petitioner -vs1. The Secretary to Government Labour & Employment Department Fort St.George Chennai 600 009
2. The Chief Engineer Tamilnadu Electricity Board Anna Salai Chennai 600 002
3. The Superintendent Engineer Tamilnadu Electricity Board Anna Nagar Chennai 600 040 .. Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, calling for the records of the third respondent proceedings dated 6.6.2016 in K.No.08855/301/NiAa/NiBi3/NiMa/ U2/KovaVe/2016 and the second respondent dated 13.10.1995 permanent BP.Ms.(FB) No.46 (Adm.Branch) and G.O.Ms.No.120 (Labour & Employment Department) dated 26.6.1995 and quash the same and consequently direct the respondents to appoint the petitioner on compassionate grounds. For Petitioner :: Ms.G.Sudha For Respondents :: Mr.M.Dig Vijaya Pandian Special Government Pleader for R1
ORDER
This writ petition has been filed challenging the impugned order refusing to grant compassionate appointment to the petitioner.
2. The petitioner's father late P.Mohan, while serving as Wireman in the Tamil Nadu Electricity Board from 28.11.87, died on 9.7.95 leaving behind the petitioner and her mother. Within a span of three months, her mother also died on 27.10.95. Therefore the petitioner, being the only legal heir, was taken care of by her maternal grand parents. At the time of death of her father, she was aged about four years. Subsequently, she completed M.Tech (Biotechnology) in the year 2015 under the care of her maternal grand parents. Thereafter, her marriage was also solemnized with one Mr.Pradeep, who is an engineering graduate and employed. However, the learned counsel for the petitioner stated that it is not known whether he is a school teacher, lecturer or professor.
But it is asserted before this Court that the petitioner is entitled to get appointment on compassionate ground, since her father, while serving as Wireman in the Tamil Nadu Electricity Board from 28.11.87, died on 9.7.95. When the petitioner was four years old on the date of death of her father, within three months, her mother also passed away on 27.10.95, as a result she has been taken care of by her maternal grand parents to enable her to complete B.Tech (Biotechnology).
3. When the petitioner has been given in marriage to one Pradeep, who is an engineer, it is not known how the petitioner has come to this Court challenging the impugned order on the ground that she should be given appointment on compassionate ground. Secondly, the petitioner has also not disclosed that her husband Mr.Pradeep is working as teacher or lecturer. When the petitioner is settled after marriage with her husband, this Court is not able to find any indigent circumstances warranting interference with the impugned order, since the petitioner has not established that after the death of her parents, she has been left in a state of penury. Therefore, this Court is not inclined to interfere with the impugned order. Accordingly, the writ petition fails and it is dismissed. Consequently, W.M.P.Nos.9418 & 9419 of 2017 are also dismissed. No costs.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar ss
To
1. The Secretary to Government Labour & Employment Department Fort St.George Chennai 600 009
2. The Chief Engineer Tamilnadu Electricity Board Anna Salai Chennai 600 002
3. The Superintending Engineer Tamilnadu Electricity Board Anna Nagar Chennai 600 040 +1 CC to Government Pleader, High Court, Chennai Sr.No.22090 W.P.No.8605 of 2017 NMI(CO) KP(22.04.2017)