Dr.Arun v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2015

CORAM:

THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN Writ Petition No.17118 of 2015 Dr.Arun ... Petitioner vs.

1.The Chairman Tamilnadu Electricity Board, No.144, Annasalai, Chennai -2.

2.The Chief Manager, Tamilnadu Electricity Board, Vellore.

3.The Superintending Engineer, Tirupathur, Vellore District.

... Respondents under Article 226 of the Constitution of India for the issuance of writ of mandamus, directing the respondents to consider the petitioner's representation dated 17.08.2006 for appointment on compassionate ground.

For Petitioner : Mr.S.Arokia Maniraj

O R D E R

The petitioner possesses M.D.(Physician). The father of the petitioner was employed as a Revenue Supervisor in Tamilnadu Electricity Board at Anaikattu. He died on 06.06.2006 while in service. Since the petitioner completed M.D.(Physician), he submitted a representation for compassionate appointment on 17.08.2006 as a Doctor in the hospital run by the Tamil Nadu Electricity Board. The petitioner has come up with this writ petition seeking for a direction to the respondents to consider his representation dated 17.08.2006.

2. In my considered view, compassionate appointment cannot be demanded by way of right, as it is offered under the Scheme only out of compassion to rescue the family of the deceased employee from penury. Compassionate appointment could be made only to a lower post such as Gardener, Sweeper, Watchman and Junior Assistant. No person can claim appointment to a higher post based on the qualification which he acquired. Just because the petitioner passed M.D., he could not seek for a direction to post him as a Doctor on compassionate ground.

https://hcservices.ecourts.gov.in/hcservices/

3. The writ petition fails and accordingly, the same is dismissed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar svki To 1.The Chairman Tamilnadu Electricity Board, No.144, Annasalai, Chennai -2.

2.The Chief Manager, Tamilnadu Electricity Board, Vellore.

3.The Superintending Engineer, Tirupathur, Vellore District.

+1cc to Mr.M. Fakkir Mohideen, Advocate, S.R.No.29950 GP(CO) EU(26/06/2015) Writ Petition No.17118 of 2015 https://hcservices.ecourts.gov.in/hcservices/