P.Sakthivel, v. The Chief Engineer/ Personnel,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14-12-2017
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.30022 of 2012 P.Sakthivel ..
Petitioner -vs1.The Chief Engineer/Personnel, Anna Salai, Chennai-600 002.
2.The Superintending Engineer, Villupuram Electricity Distribution Circle, Villupuram-605 602, Villupuram District.
..
Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the first respondent in Letter No.010478/94/G8/G81/2012-1, dated 6.8.2012 and quash the same and direct the respondents to appoint the petitioner on compassionate grounds in any suitable post commensurate with his educational qualification and grant him all consequential benefits.
For Petitioner - Mr.P.Rajendran For Respondents - Mr.M.Fakkir Mohideen
ORDER
The order of rejection passed by the first respondent in proceedings dated 6.8.2012 in relation to the claim of the writ petitioner for compassionate appointment is under challenge in this writ petition.
2. The learned counsel, appearing on behalf of the writ petitioner, states that the father of the writ petitioner late Shri M.Pachamuthu was working as contract labourer in the Tamil
Nadu Electricity Board under the control of the Junior Engineer Grade-I, Operation and Maintenance, Nagalur, Villupuram District. The father of the writ petitioner passed away on 14.8.2010, while he was in employment. The writ petitioner submitted an application, seeking compassionate appointment, on 12.5.2011 to the first respondent and the same was rejected on the ground that the deceased employee was working as a contract labourer and the scheme of compassionate appointment is inapplicable to the temporary employees.
3. Undoubtedly, the scheme of compassionate appointment is only a concession and such a scheme is extended to the permanent employees of the respondent-Board.
4. The learned counsel, appearing on behalf of the respondents, also reiterated that the scheme cannot be extended to the contract labourers who are all working for the temporary period under the scheme. The scheme, being an exception, this Court is of the opinion that the policy of the respondent-Board for not extending the scheme of compassionate appointment to the contract labourers and temporary employees, cannot be found faulted.
5. Thus, the legal heirs of the expired contract labourers or temporary employees, are not entitled for the benefit of compassionate appointment scheme and this Court is of the opinion that there is no infirmity in the order of rejection issued by the first respondent.
6. Accordingly, the writ petition stands dismissed. However, there shall be no order as to costs.
Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar Svn To 1.The Chief Engineer/Personnel, Anna Salai, Chennai-600 002.
2.The Superintending Engineer, Villupuram Electricity Distribution Circle, Villupuram-605 602, Villupuram District.
+1cc to Mr.M.Fakkir Mohideen, Advocate sr.no.89817 WP 30022 of 2012 nr 05/01/2018