N.Senthil Kumar v. The Goverment Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.02.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.NO.13799 OF 2020 N.Senthil Kumar .. Petitioner vs.
1. The Government of Tamil Nadu, Represented by its Additional Chief Secretary, Energy Department, Fort St.George, Chennai.
2. The Superintending Engineer, Tamil Nadu Electricity Board, Electri Distributional Circle, Palladam.
3. The Superintending Engineer, Electricity Board Distributional Coimbatore, Coimbatore.
.. Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus calling for the records of the 3rd respondent in Letter No.14418/575/MA.PA.PO/PA.ME.PA.VA/PAL/NE,PE1/U.2/KO.VA.VE/2020 dated 07.04.2020 and quash the same and consequently direct the 3rd respondent to appoint the petitioner under the compassionate ground.
For Petitioner : Mr.P.Tamilavel For Respondents : Mr.P.Subramanian, Standing Counsel for TNEB
O R D E R
The challenge in this writ petition is to the order of the third respondent in Letter No.14418/575/MA.PA.PO/PA.ME.PA.VA/ PAL/NE.PE1/U.2/KO.VA.VE/2020 dated 07.04.2020, rejecting the
petitioner's application seeking appointment on compassionate ground and consequently direct the third respondent to appoint the petitioner under compassionate ground.
2. The case of the petitioner is that his father was working as Wireman at K.N.Puram and he died on 05.12.2014 due to cardiac arrest, while he has in service, leaving behind the petitioner, his mother and elder brother as legal heirs. The petitioner immediately filed an application seeking compassionate ground appointment and he was directed to produce various documents including the Legal Heir Certificate of his father. The petitioner approached the Tahsildar, Sulur Taluk, Coimbatore for issuance of Legal Heir Certificate, but the same was rejected and therefore, he filed O.S.No.347/2015 on the file of the Principal District Munsif, Coimbatore and the said Suit was decreed in his favour on 12.11.2016.
The petitioner further states that due to the delay in getting Legal Heir Certificate from the Tahsildar, the application could not be made immediately after the death of his father and therefore, the petitioner made an application for compassionate appointment on 28.10.2017, within a period of 3 years as prescribed under law. However the said application was rejected by the third respondent on the ground that the petitioner have completed 37 years at the time of submitting the application and challenging the same, the petitioner has filed the present writ petition.
3. The learned counsel for the petitioner has drawn the attention of this Court by placing reliance upon G.O.(Ms.)No.18, Labour and Employment (Q1) Department dated 23.01.2020, wherein the Government has issued comprehensive guidelines to be followed for appointment on compassionate ground and as per the said guidelines, the maximum age limit for the son or daughter of the deceased Government Servant and unmarried brother/unmarried sister of the unmarried deceased Government Servant is 40 years at the time of applying and following the same, similar orders have been passed by this Court and however, the respondent Board has not taken note of the guidelines stipulated in the said Government Order and therefore, on that ground, the impugned order is liable to be set aside.
4. Mr.P.Subramanian, learned Standing Counsel for TNEB would submit that the respondents Board will consider the application submitted by the petitioner in the light of the guidelines prescribed in the aforesaid Government Order and will pass appropriate orders.
5. In the light of the above submission made by the parties and considering the fact that similar orders have been passed by this Court following the guidelines prescribed under the aforesaid Government Order, the impugned order passed by the
third respondent is liable to be set aside.
6. Accordingly, he impugned order of the third respondent in Letter No.14418/575/MA.PA.PO/ PA.ME.PA.VA/ PAL/NE,PE1/U.2/KO.VA. VE/2020 dated 07.04.2020 is set aside and the respondent Board is directed to pass orders afresh by taking note of the guidelines prescribed in G.O.(Ms.)No.18, Labour and Employment (Q1) Department dated 23.01.2020 as well as similar orders passed by this Court and pass orders on merits, as expeditiously as possible, within a period of twelve weeks from the date of receipt of a copy of this order.
7. The Writ Petition stands disposed of. No costs. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar Jvm To
1. The Additional Chief Secretary, The Government of Tamil Nadu, Energy Department, Fort St.George, Chennai.
2. The Superintending Engineer, Tamil Nadu Electricity Board, Electri Distributional Circle, Palladam.
3. The Superintending Engineer, Electricity Board Distributional Coimbatore, Coimbatore.
+1cc to Mr.P.Tamilavel, Advocate, S.R.No.9634 W.P.No.13799 of 2020 PMK(CO) PM/01/03/2022