T.Parthasarathy v. The Chairman & Managing

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.5533 of 2018 T.Parthasarathy ..

Petitioner -vs1. The Chairman & Managing Director TANGEDCO No.144, Anna Salai Chennai 600 002

2. The Chief Engineer (Establishment) TANGEDCO No.144, Anna Salai Chennai 600 002

3. The Executive Engineer Office and Management Chengai Tangedco Chengalpattu

4. The Assistant Executive Engineer Office and Management Tangedco Kadambathur 631 203 Kancheepuram District

5. The Junior Engineer Office and Management TANGEDCO Perambakkam 631 402 Kancheepuram District ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the first respondent to consider and pass orders on petitioner application dated 07.10.2014 for compassionate appointment consequent on the death of petitioner father Thiru Thanikachalam on 3.9.2014 while serving as Commercial Inspector in Tangedco within a limited time frame.

For Petitioner :: Mr.T.Dharani For Respondents:: Mr.P.R.Dhilip Kumar Standing Counsel

ORDER

The petitioner has come to this Court seeking a mandamus directing the first respondent to consider and pass orders on his application dated 07.10.2014 seeking compassionate appointment, consequent on the death of petitioner father Thiru Thanikachalam on 3.9.2014 while serving as Commercial Inspector in Tangedco, within a limited time frame.

2. Learned counsel for the petitioner submitted that the petitioner's father late Thanikachalam, while serving as Commercial Inspector in the respondent-TANGEDCO, died on 3.9.2014 leaving behind the petitioner and his brother as legal heirs.

Immediately thereafter, an application seeking compassionate appointment was made on 9.9.2014 along with the no objection given by his brother Vignesh. This apart, the Tahsildar, Kancheepuram also issued a certificate dated 22.7.2016 stating that the petitioner is living in indigent circumstances. In spite of the said certificate, the petitioner's request has not been considered by the respondents. Therefore, a direction is sought for.

3. The learned standing counsel for the respondents submitted sought sufficient time to consider the pending application of the petitioner.

4. Placing on record his request, the first respondent is hereby directed to consider the application of the petitioner for compassionate appointment on merits and pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar ss

To

1. The Chairman & Managing Director TANGEDCO No.144, Anna Salai Chennai 600 002

2. The Chief Engineer (Establishment) TANGEDCO No.144, Anna Salai Chennai 600 002

3. The Executive Engineer Office and Management Chengai Tangedco Chengalpattu

4. The Assistant Executive Engineer Office and Management Tangedco Kadambathur 631 203 Kancheepuram District

5. The Junior Engineer Office and Management TANGEDCO Perambakkam 631 402 Kancheepuram District + 1 cc to MR. P.R. Dhilipkumar, Advocate Sr.19058 W.P.No.5533 of 2018 SR(CO) EU(04/04/2018)