Chellammal v. The Chief Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD) No.2860 of 2025 Chellammal : Petitioner Vs.

1. The Chief Engineer, Tamil Nadu Generation and Distribution Corporation Limited, TANGEDCO, No. 144, Anna Salai, Chennai - 600002.

2. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, TANGEDCO, Pudukkottai Electricity Distribution Circle, Pudukkottai.

3. The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited, TANGEDCO, Pudukkottai.

4. A. Chinnadurai (R4 isimpleaded vide court dated 18.02.2025 in WMP (MD) No.3208 of 2025) : Respondents 1/6

P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to cancel the appointment of the Petitioner's son namely A.Chinnadurai as Field Assistant (Trainee) on compassionate Ground and to consequently grant any suitable job under compassionate scheme to her daughter namely Trisha by considering her educational qualification on the basis of her representation dated 23.10.2024 and for other reliefs. For Petitioner : Mr.J.Lawrance For Respondents : Mr.B.Ramanathan Standing Counsel for R1 to R3

O R D E R

The writ petition has been filed for the issuance of a writ of Mandamus, directing the respondents to cancel the appointment of the petitioner's, son, namely A.Chinnadurai as Field Assistant (Trainee) on compassionate Ground and to consequently grant any suitable job under compassionate scheme to her daughter namely Trisha by considering her educational qualification on the basis of her representation dated 23.10.2024 and for other reliefs.

2/6

2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing on behalf of the respondents 1 to 3. 3.The grievance of the petitioner is that, after her son was appointed as a Field Assistant (Trainee) on compassionate grounds, he has failed to take care of the petitioner and other family members. Despite having given an undertaking at the time of his appointment to support the family, he has not fulfilled this obligation. Therefore, the petitioner contends that the appointment granted to her son should be terminated forthwith. In this regard, the petitioner submitted a detailed representation dated 23.10.2024 to the respondents, requesting the cancellation of her son's appointment and the consideration of her daughter for the said post or any other suitable job. As no action has been taken on the said representation, the petitioner has now filed the present writ petition.

4. The learned counsel for the petitioner would submit that, it would suffice, if this Court issues a direction to the concerned respondent to consider the representation of the petitioner and pass 3/6

appropriate orders, within a time frame that may be stipulated by this court.

5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

6. In the light of the above observations, there shall be a direction to the respondents 1 to 3 to consider the petitioner's representation dated 23.10.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not 4/6

expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondent to consider the same on its own merits.

7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. 03.06.2025 Index : Yes / No Internet : Yes / No PKN To

1. The Chief Engineer, Tamil Nadu Generation and Distribution Corporation Limited, TANGEDCO, No. 144, Anna Salai, Chennai - 600002.

2. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, TANGEDCO, Pudukkottai Electricity Distribution Circle, Pudukkottai.

3. The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited, TANGEDCO, Pudukkottai.

5/6

VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.2860 of 2025 03.06.2025 6/6