G.Lavanya v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.03.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.M.P.No.31472 of 2023 G.Lavanya
...Petitioner
-Vs -
1. The State of Tamilnadu Rep. by its Secretary, Department of Energy, Fort St. George, Secretariat, Chennai - 600 009.
2. The Superintending Engineer (TANGEDCO), Salem Electricity Distribution Circle, Salem - 14.
3. The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Seelanaickenpatty, Salem.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the entire records pertaining to the impugned order passed by the respondent No.2, dated 04.02.2023 in Ka.No.001460/106/epgp/I-c/j/2-nfh/th/nt/2023 and quash the same as illegal and consequently direct the Respondent
No.2 to appoint the petitioner as Sanitary worker or any other post on the basis of his educational qualification on compassionate ground with consequential benefits with office of the respondent No.3 within the time stipulated by this Court.
For Petitioner : Mr.V.Manikandan For Respondents For R1 : Mrs.R.L.Karthika Government Advocate For R2 & R3 : Mr.K.Rajkumar Standing Counsel
ORDER
This writ petition has been filed challenging the order dated 04.02.2023 passed by the second respondent, thereby rejecting the request made by the petitioner seeking employment on compassionate ground.
2.
The petitioner is the wife of one Ganesan, who died on 05.01.2019, while he was working in the third respondent office as Meter Reader. He left behind the petitioner, two children and his mother as his legal heirs. Immediately, on 23.01.2020 the second respondent issued form for compassionate appointment on the request of the petitioner. The petitioner submitted the application seeking appointment on the
compassionate ground with all documents such as legal heir certificate, community certificate, eighth standard examination certificate, no objection certificate from other legal heir, comprehensive certificate from Tahsildar and declaration certificate. However, the said application was rejected on the ground that the petitioner failed to submit the said application seeking compassionate ground appointment within a period of three years from the date of demise of her husband. 3.
Heard the learned counsel appearing on either side and perused the materials placed before this Court. 4.
On perusal of the impugned order dated 04.02.2023, the petitioner's application was received on 05.07.2021, though it was not dated. Therefore, the application was received by the second respondent for compassionate ground appointment within the period of three years from the date of her husband death viz., on 05.01.2019. However, the petitioner did not qualify with the eighth standard and as such the petitioner completed her eighth standard only after the Covid-19 pandemic situation. Now the petitioner is eligible to be appointed on the
compassionate ground in any suitable post. Hence, the impugned order cannot be sustained and liable to be quashed. 5.
Accordingly, the impugned order passed by the second respondent, dated 04.02.2023 in Ka.No.001460/ 106/epgp/I-c/j/2nfh/th/nt/2023, is hereby quashed. The second respondent is directed to appoint the petitioner on compassionate ground in any of the suitable post based on her qualification forthwith.
6.
With the above directions, the Writ Petition stands allowed. Consequently, connected miscellaneous petition is closed. There shall be no orders as to costs.
01.03.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order rts
To
1. The Secretary State of Tamilnadu, Department of Energy, Fort St. George, Secretariat, Chennai - 600 009.
2. The Superintending Engineer (TANGEDCO), Salem Electricity Distribution Circle, Salem - 14.
3. The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Seelanaickenpatty, Salem.
G.K.ILANTHIRAIYAN. J, rts W.M.P.No.31472 of 2023 01.03.2024