Alexander Nepolian v. The Superintending Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 16.02.2015

CORAM:

THE HON'BLE MR.JUSTICE K.K.SASIDHARAN W.P.No.2177 of 2015 Alexander Nepolian .. Petitioner -vsThe Superintending Engineer, Electricity Distribution Circle, TANGEDCO, K.K. Nagar, Chennai.

.. Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of writ of mandamus to direct the respondent Board to provide job assistance on compassionate appointment without insisting the correction of father name in the school records. For Petitioner : Mr.B.Manoharan For Respondent : Mrs.R.Varalakshmi

O R D E R

The petitioner is the legal representative of Thiru. B.V.Sagayam @ B.Vincent Sagayam who was an employee of TANGEDCO. The father of the petitioner died on 08.11.2012. The petitioner submitted an application for compassionate appointment on 04.09.2013. The application was not considered by the respondent on the ground that his father's name was differently displayed in different documents. The petitioner is therefore, before this Court to direct the respondent to consider his representation for compassionate appointment, without insisting the correction of father's name in the school records.

2. The father's name of the petitioner was shown as B.Vincent Sagayam in the records maintained by the educational institution. The ration card shows the name as Vincent Sagayam. The order regarding family pension shows the father's name as B.V.Sagayam. This difference made the respondent to keep the matter pending.

3. The document available on record clearly shows that the name of the father of the petitioner was recorded as B.V.Sagayam in some https://hcservices.ecourts.gov.in/hcservices/

of the records and as Vincent Sagayam in other records. B.V.Sagayam is none other than B.Vincent Sagayam and the abbreviation was given in some of the records. Therefore, I am of the view that the application submitted by the petitioner should be considered by the respondent without insisting upon further clarification with regard to the identity of the petitioner. The petitioner is directed to file a sworn affidavit that the name B.V.Sagayam as mentioned in many of the documents and the name Vincent Sagayam both relates to his father. In case any such affidavit is given, necessarily the application for compassionate appointment should be considered by the respondent on merits. Such exercise shall be completed, within a period of three months from the date of receipt of a copy of this order.

4. The writ petition is disposed of with the above direction. No costs.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar smi To, The Superintending Engineer, Electricity Distribution Circle, TANGEDCO, K.K. Nagar, Chennai.

1 cc to Mr.B. Manoharan, Advocate, sr. 8684 1 cc to M/s.R. Varalakshmi, Advocate, Sr. 8355 W.P.No.2177 of 2015 ALA (CO) kk 3/3 https://hcservices.ecourts.gov.in/hcservices/