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Madras High CourtWP/196/2024dismissed

N.Balaji v. The Chairman Cum Managing Director

2024-01-08Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2024 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.224 of 2024 N.Balaji

...Petitioner

-Vs1.The Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), 144, Anna salai, Chennai - 600 002.

2.The Chief Engineer/Personnel Tamil Nadu Generation and Distribution Corporation (TANGEDCO), 144, Anna salai, Chennai - 600 002.

3.The Superintending Engineer/TEDC Tiruvannamalai Electricity Distribution Circle, Vengikkal, Tiruvannamalai - 606 604.

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4.The Executive Engineer, O/o.EE O&M/Arni, Arni Division Tiruvannamalai Electricity Distribution Circle Arani - 632 301 Tiruvannamalai.

5.The Junior Electrical Engineer O/o.AE, Onnupuram Division, Tiruvannamalai Electricity Distribution Circle Arani Onnupuram SO - 632 315 Tiruvannamalai.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the entire records in pursuant to the impugned order in Kaa.No.007097/Mae.Po/te.Malai/Ne.Pe.2/Vu.3/Koo.Vae/2022 dated 14.10.2022 passed by the 3rd respondent and quash the same and consequently direct the respondents to consider the petitioner's representation dated 26.06.2023 to provide employment to the petitioner based on compassionate appointment.

For Petitioner : Mr.A.Deivasigamani For Respondents : Mr.K.Raj Kumar Standing Counsel 2/6

ORDER

This writ petition has been filed challenging the order passed by the 3rd respondent dated 14.10.2022 thereby rejected the request made by the petitioner to appoint him on compassionate ground.

2. The petitioner's father had joined as contract labour under the 3rd respondent. Thereafter, he was absorbed as Mazdoor. While, he was in service, he died on 28.04.2008 leaving behind his wife and two daughters and this petitioner as his legal heirs. After the demise of the petitioner's father, his mother made a representation dated 09.02.2010 seeking employment on compassionate ground. However, it was rejected by order dated 04.10.2010 on the ground that the applicant should have passed atleast 8th standard. However, she passed only 8th standard. Once again, petitioner's mother made another request on compassionate ground for her daughter and the same also rejected by order dated 16.12.2010 on the ground that she has not completed 18 years of age. The petitioner's mother made another request for seeking compassionate appointment on 3/6

22.12.2010. The same was also rejected by order dated 31.01.2011 on the ground that her son should have completed 18 years. All the three orders were not challenged by the petitioner's mother. Now in the year 2022, the petitioner who is being the son of the deceased, that too after 14 years from the date of death of his father, applied for employment on compassionate ground. The same was rejected by the impugned order dated 14.10.2022 on the ground that the application seeking compassionate appointment should be made within a period of three years from the date of death of petitioner's father. The petitioner should have completed 18 years of age and he should have at least passed 8th standard. The petitioner failed to fulfill those requirements and as such the 3rd respondent rightly rejected the application submitted by the petitioner.

3. Therefore, this court find no infirmity or illegality of the order passed by the 3rd respondent. Hence, this writ petition is liable to be dismissed. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 08.01.2024 Index : Yes/No 4/6

Internet: Yes/No gvn To 1.The Chairman cum Managing Directorate Tamil Nadu Generation and Distribution Corporation (TANGEDCO), 144, Anna salai, Chennai - 600 002.

2.The Chief Engineer/Personnel Tamil Nadu Generation and Distribution Corporation (TANGEDCO), 144, Anna salai, Chennai - 600 002.

3.The Superintending Engineer/TEDC Tiruvannamalai Electricity Distribution Circle, Vengikkal, Tiruvannamalai - 606 604.

4.The Executive Engineer, O/o.EE O&M/Arni, Arni Division Tiruvannamalai Electricity Distribution Circle Arani - 632 301 Tiruvannamalai.

5.The Junior Electrical Engineer O/o.AE, Onnupuram Division, Tiruvannamalai Electricity Distribution Circle Arani Onnupuram SO - 632 315 Tiruvannamalai.

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G.K.ILANTHIRAIYAN,J.

gvn and W.M.P.No.224 of 2024 08.01.2024 6/6