Kartheeswaran.P v. The Chairman And Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.3178 of 2021 P.Kartheeswaran ... Petitioner Vs.

1.The Chairman and Managing Director, 2.The Chief Engineer, (Establishment) 3.The Superintending Engineer, Tamil Nadu Generation and Distribution Virudhunagar Electricity Distribution Circle, Virudhunagar District, Virudhunagar.

... Respondents PRAYER: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the 3rd respondent in f.vz;.15026/407/ep.gp.2/cjtp1/nfh.thhpR ntiy/2020 ehs; 16.12.2020 and quash the same and direct the 3rd respondent to grant appointment to the petitioner on compassionate ground by considering the application dated 31.08.2019.

For Petitioner : Mr.P.Athimoolapandian For Respondents : Mr.S.Arivalagan

ORDER

The order of rejection rejecting the claim of the writ petitioner for compassionate appointment in proceedings dated 16.12.2020 is under challenge in the present writ petition. 2.The father of the writ petitioner was working as Commercial Inspector in TANGEDCO and died in harness on 04.09.2016. The petitioner submitted an application seeking compassionate appointment within the period of three years as contemplated under the scheme. However, the respondents rejected the claim on the ground that the petitioner has not completed the age of 18 years for the purpose of providing appointment.

3.The learned counsel appearing for the petitioner made a submission that the petitioner had completed the age of 18 years, on 23.09.2019. This being the factum, there is no impediment for considering the case of the petitioner for compassionate appointment, if the petitioner is eligible otherwise and as per the terms and conditions of the scheme of compassionate appointment. 4.In view of the facts and circumstances, the order impugned passed by the third respondent in proceedings No.

f.vz;.15026/407/ep.gp.2/cjtp1/nfh.thhpR ntiy/2020 ehs; 16.12.2020, is quashed and the respondents are directed to consider the case of the writ petitioner strictly in accordance with the terms and conditions of the scheme of compassionate appointment, as expeditiously as possible and in accordance with the compassionate appointment seniority.

5.With the aforesaid direction, this Writ Petition is allowed. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) Ns To 1.The Chairman and Managing Director,

2.The Chief Engineer, (Establishment) 3.The Superintending Engineer, Tamil Nadu Generation and Distribution Virudhunagar Electricity Distribution Circle, Virudhunagar District, Virudhunagar.

+1 CC to M/s.A.K.BASKARA PANDIYAN, Advocate(SR-9592[F]DT.02/03/2022) ORDER MADE IN W.P.(MD)No.3178 of 2021 01.03.2022 PNK(12.03.2022) 3P 5C