M.Priyatharshini v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.08.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.23976 of 2024 M.Priyatharshini .. Petitioner Vs.
1. The Secretary to Government, Electricity Department, Secretariat, Chennai
2. The Chairman cum Managing Director, Tamil Nadu Electricity Generation and Corporation Limited, No.144, Annasalai, Chennai -2
3. The Chief Engineer Personal, Tamil Nadu Electricity Generation and Corporation Limited, No.144, Annasalai, Chennai -2
4. The Superintending Engineer, Purchase and Administration Mettur Thermal Power Station 1 Mettur Dam, Salem District.
.. Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents 1/6
1 to 4 to consider he claim of the petitioner to give appointment to the petitioner on compassionate grounds in the light of representation dated 23.02.2023 consequent on the death of her husband Thiru V Muthukumar on 16.08.2023 while in service as helper in office of the Thermal Power Station -1 , Mettur Dam, Mettur Taluk, Salem District, within a time frame. For Petitioner : Mr.M.Govindan For Respondents : Mr.David Sundar Singh Standing counsel for R2 to R4 Mr.P.Balathandayutham for R1 *****
O R D E R
This writ petition has been filed for the issue of writ of Mandamus directing the respondent to consider the claim made by the petitioner for compassionate appointment, based on her representation dated 23.02.2024.
2.
Heard Mr.M.Govindan, learned counsel for petitioner and Mr.David Sundar Singh, learned Standing counsel for Respondents 2 to 4 and Mr.P.Balathandayutham, learned counsel for 1st respondent. 3.
The case of the petitioner is that her husband Muthu Kumar was 2/6
working in the electricity board from the year 2017 onwards as an helper in the 4th respondent office. Subsequently, he was confirmed in the said post. He expired on 16.08.2023, while he was in service. He left behind the petitioner, her minor son and his mother as legal heirs. Due to the untimely death of the husband of the petitioner, the family was left in distress. 4.
The petitioner made an application before the 4th respondent requesting for compassionate appointment on 25.01.2023 along with all the relevant documents. According to the petitioner, she possessed all necessary qualification and the representation / application is kept pending by the 4th respondent. Therefore, a fresh representation was made on 23.04.2024 to all the respondents. Since the same did not evoke any response, the present writ petition has been filed before this Court seeking for appropriate directions. 5.
Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the 4th respondent to deal with the application submitted by the petitioner on 25.01.2024, seeking for compassionate appointment, on its own merits and in accordance with the relevant Government Order and take 3/6
a decision within a period of eight weeks from the date of receipt of the copy of this order and inform the same to the petitioner. 6.
The petitioner is directed to submit a fresh representation to the 4th respondent along with all the relevant documents and also a copy of this order.
7.
This writ petition is disposed of with the above directions. No costs.
21.08.2024 Index : Yes/No Speaking order:Yes/No rka To
1. The Secretary to Government, Electricity Department, Secretariat, Chennai
2. The Chairman cum Managing Director, 4/6
Tamil Nadu Electricity Generation and Corporation Limited, No.144, Annasalai, Chennai -2
3. The Chief Engineer Personal, Tamil Nadu Electricity Generation and Corporation Limited, No.144, Annasalai, Chennai -2
4. The Superintending Engineer, Purchase and Administration Mettur Thermal Power Station 1 Mettur Dam, Salem District.
N.ANAND VENKATESH, J rka 5/6
Writ Petition No.23976 of 2024 21.08.2024 6/6