R.Vijayabharathi v. The Chairman Cum Managing
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.10.2015
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.34911 of 2015 and M.P.No. 1 of 2015 R.Vijayabharathi
...Petitioner
-Vs1 The Chairman cum Managing Director Tamil Nadu Generation and Distribution Corporation Ltd. No.144 Anna Salai Chennai 2 2 The Chief Engineer Personnel Tamil Nadu Generation and Distribution Corporation Ltd. No.144 Anna Salai Chennai 2 3 The Superintending Engineer Salem Electricity Distribution Circle Tamil Nadu Generation and Distribution Corporation Ltd. Salem
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of certiorarified Mandamus calling for the records relating to the impugned order dt 3.10.2013 made in Ka. No.May.Po/SayMipaVa/Say/NiPi.II/Vu2/Ko.Va. Vae/No. 666/ 2013 passed by the 3rd respondent and quash the same as illegal and without application of mind and consequently direct the 1st respondent to appoint the petitioner on compassionate ground to any eligible post in TANGEDCO by considering the petitioners Memorial Petition filed on 26.3.2014 For Petitioner : Mr.G.Ananda Kumar For Respondents : Mr. P. R.DhilipKumar
O R D E R
By consent, this Writ Petition is taken up for final disposal.
2. The father of the petitioner, P.Ravichandran was employed as a Commercial Inspector and he died in an accident on 01.05.2010 while he was service leaving behind the petitioner, his mother, sister and other persons. Petitioner's application for compassionate ground appointment was rejected by the third respondent vide impugned order dated 03.10.2013 stating that the said application has not been made within a period of three years from the date of demise of petitioner's father.
3. Petitioner aggrieved by the said order filed a memorial/appeal to the first respondent on 26.3.2014 and it was acknowledged on the same date. Challenging the legality of the order of rejection passed by the third respondent, came forward with this present writ petition.
4. The learned counsel for the petitioner would submit that though the petitioner prayed for a larger relief, it would be suffice to direct the first respondent to consider and dispose of the petitioner's memorial/appeal filed by the petitioner dated 26.3.2014 on merits and in accordance with law within a stipulated time.
5. This Court heard the submissions of the learned counsel for the petitioner and Mr.P.R.DhilipKumar, who accepts notice on behalf of Respondents.
6. This Court, in the light of the above facts and circumstances and without going into the merits of the same, directs the first respondent to consider and dispose of the memorial/appeal dated 26.3.2014 on merits and in accordance with law and pass orders within a period of eight weeks from the date of receipt of a copy of this and communicate the decision taken, to the petitioner.
7. This Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. kua s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar To 1 The Chairman cum Managing Director Tamil Nadu Generation and Distribution Corporation Ltd.
No.144 Anna Salai Chennai 2
2 The Chief Engineer Personnel Tamil Nadu Generation and Distribution Corporation Ltd.
No.144 Anna Salai Chennai 2 3 The Superintending Engineer Salem Electricity Distribution Circle Tamil Nadu Generation and Distribution Corporation Ltd. Salem + 1 cc to Mr.G.Anandakumar, Advocate SR 60003 + 1 cc to Mr.P.R.Dilipkumar, Advocate SR 59766 ak(co) prk16/11 W.P.No.34911 of 2015