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Madras High CourtWP/17751/2020disposed of

S.Rejina v. Tamilnadu Electricity Generation And

2022-03-21Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2022

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR 1.S.Rejina 2.S.Soundhar ..

Petitioners vs.

1.Tamil Nadu Electricity Generation and Distribution Corporation, Rep. By its Chief Engineer (Personnel), No.144, Anna Salai, Chennai-600 002.

2.The Superintending Engineer, Chennai Electricity Distribution Circle (North), Tamil Nadu Electricity Generation and Distribution Corporation, No.144, Anna Salai, Chennai-600 002.

3.The Assistant Engineer, Operation and Maintenance, Tamil Nadu Electricity Generation and Distribution Corporation Ltd., Pabanarishi Temple, Pulicat-601 205.

..

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 26.08.2020 requesting to provide appointment to the second petitioner (son) on compassionate grounds on its merits and in accordance with law and consequently, direct the respondents to provide employment to the second petitioner on compassionate

appointment in suitable post within a time frame stipulated by this Court. For Petitioner : Mr.Balan Haridass For Respondents : Mr.P.Subramanian, Standing Counsel

O R D E R

The prayer in the writ petition is for a Mandamus directing the respondents to consider the petitioner's representation dated 26.08.2020 requesting to provide appointment to the second petitioner (son) on compassionate grounds on merits and in accordance with law and consequently, direct the respondents to provide employment to the second petitioner on compassionate appointment in suitable post within a time frame stipulated by this Court.

2. The first petitioner's husband worked as Foreman Grade I, Pulicat Section in Ponneri Division and he died in harness on 19.08.2019, while in service leaving behind the first petitioner (wife) and second petitioner (son), mother aged 94 years and a married daughter as his legal heirs. The second petitioner has passed SSLC and completed ITI in Electrical Trade. The other legal heirs have also issued No Objection for giving compassionate appointment to the second petitioner. The first petitioner has submitted an

application to the respondents 1 and 2 on 26.08.2020 i.e., within the statutory period of 3 years, seeking compassionate appointment to the second petitioner. The second respondent had returned the application stating that the application should be routed through the third respondent. The petitioner resubmitted the application on 14.09.2020 to the third respondent by enclosing all the relevant records and since no order has been passed on the petitioner application, the petitioners have filed the present writ petition.

3. The learned counsel for the petitioners would submit that it would be suffice, if the application submitted by the first petitioner dated 26.08.2020 is considered by the respondents.

4. Considering the limited scope of prayer, this Court, without expressing anything on merits, directs the respondents to consider the first petitioner's application dated 14.09.2020 submitted to the third respondent, if it is pending and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners and if it is not pending, the same shall also be communicated to the petitioners. D.KRISHNAKUMAR, J.

Jvm

5. The Writ Petition stands disposed of with the above direction. No costs.

21.03.2022 Index : Yes / No Internet : Yes / No Jvm To 1.The Chief Engineer (Personnel), Tamil Nadu Electricity Generation and Distribution Corporation, No.144, Anna Salai, Chennai-600 002.

2.The Superintending Engineer, Chennai Electricity Distribution Circle (North), Tamil Nadu Electricity Generation and Distribution Corporation, No.144, Anna Salai, Chennai-600 002.

3.The Assistant Engineer, Operation and Maintenance, Tamil Nadu Electricity Generation and Distribution Corporation Ltd., Pabanarishi Temple, Pulicat-601 205.