Madras High CourtWP/15518/2017dismissed

H.Ramadas, v. The Chairman,

2018-12-12Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2018

CORAM:

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.15518 of 2017 H.Ramadas

...Petitioner

1. The Chairman, Tamil Nadu Electricity Board, Head Office, Anna Salai, Chennai - 600 002.

2. The Chief Engineer, Tamil Nadu Electricity Board, Head Office, Anna Salai, Chennai - 600 002.

3. The Superintending Engineer, Tamil Nadu Electricity Board, O/o. The Superintending Engineer, TEDC/Thiruvannamalai - 606 604.

4. The Executive Engineer, Tamil Nadu Electricity Board, Polur & Post, Thiruvannamalai District.

5. The Assistant Engineer, Mansurabath, Polur Taluk, Thiruvannamalai District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the third respondent or any of the respondent to grant appointment to the

petitioner since he has qualified himself by passing 8th Std as per the E.B rules and consider his name for appointment on compassionate ground to any post of attender or peon in any of the office of the respondents in the Electricity Board. For Petitioner :

Mr.R.G.Annamalai For Respondents:

Mr.P.R.Dilip Kumar Standing Counsel for R1 to R5

O R D E R

The petitioner seeks for mandamus directing the third respondent to grant appointment to the petitioner on compassionate ground, since his father died on 01.11.2011, while he was in service period.

2. It seems that the petitioner has earlier filed a writ petition before this Court in W.P.No.28750 of2013 seeking for mandamus directing the respondents therein to consider his representation dated 29.09.2013 for appointing him to any post in the office of the respondents on compassionate ground. It is seen that the said writ petition was disposed of on 24.10.2013 by directing the Superintending Engineer, Thiruvannamalai to dispose the petitioner's representation dated 29.09.2013. It is further seen that the said official by his communication dated 10.06.2014, rejected the request of the petitioner and the said order was challenged before this Court by the petitioner in W.P.No.8109 of 2016. This Court, by order dated 04.03.

2016, dismissed the above said writ petition after observing that the petitioner's elder brother has been serving in the Indian Army and that the said fact has not been disclosed by the petitioner, while seeking appointment on compassionate ground. This Court has also found that the petitioner was not having minimum Educational qualification of pass in 8th standard. After the dismissal of the said writ petition, it is stated that the petitioner has passed 8th standard. However, the petitioner has not made any request by way of an application and on the other hand, the petitioner seeks to rely on the counsel notice sent on 18.04.2017 seeking for appointment on compassionate ground.

3. I do not think that the petitioner is entitled to seek any appointment on compassionate ground, especially, when his request was already rejected by the third respondent and such rejection was also confirmed by this Court in the earlier writ

petition. Accordingly, this Writ Petition fails and the same is dismissed. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sni/mk To