B.Vignesh v. The Chief Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2018 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)No.13513 of 2018 B.Vignesh ... Petitioner Vs.

1.The Chief Engineer, The Tamilnadu Electricity Board, 5-A Block, Electricity Avenue, 144, Anna Salai, Chennai - 600 002.

2.The Superintendent Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Virudhunagar Distribution Circle, Virudhunagar.

... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to consider the petitioner's application dated 14.05.2018 for appointment under compassionate grounds and pass appropriate orders within a time frame fixed by this Court.

For Petitioner : Mrs.Lakshmi Mahendraa For Respondents : Mr.G.Kasinatha Durai

O R D E R

The prayer sought for in this writ petition is for a writ of Mandamus, to consider the petitioner's application dated 14.05.2018 for appointment under compassionate grounds and pass appropriate orders within a time frame fixed by this Court. 2.Heard Mrs.Lakshmi Mahendraa, learned counsel appearing for the petitioner and Mr.G.Kasinatha Durai, learned Additional standing counsel appearing for the respondents.

3.The learned counsel appearing for the petitioner would submit that the petitioner's father was working as Lineman at the respondent department and he died while he was in service on 06.10.2014. Since the only breadwinner of the family died suddenly, the family of the deceased became in an indigent circumstances.

Therefore, the petitioner, who is the son of the deceased had given a request on 27.07.2015 to the respondents seeking compassionate appointment. However, the said request was replied by the respondents on 29.07.2015 stating that since the petitioner did not complete 18 years as he has not become major, his request would be considered after he became major. In that circumstances, the petitioner since attained majority on 10.05.2018, he had given the present representation/application to the respondent on 14.05.2018, seeking compassionate appointment. In this regard, the learned counsel appearing for the petitioner would submit that if the said representation/application made by the petitioner on 14.05.

2018 is directed to be considered by the respondents on merits and in accordance with law, within a time frame that may be stipulated by this Court, the petitioner would be satisfied. 4.I have heard the learned standing counsel appearing for the respondents, who would submit that the said application/representation made by the petitioner on 14.05.2018 seeking compassionate appointment would be considered on merits and in accordance with law, within a time frame and an order to that effect would be passed.

5.Considering the said submissions made by both sides and taking into account the circumstances of the case, this Court is inclined to pass the following order:

"The respondents shall consider the petitioner's application/representation dated 14.05.2018 for compassionate appointment, on merits and in accordance with law and decide the same by taking into account the indigent circumstances of the family of the petitioner, who has been virtually left without any breadwinner of the family as the head of the family died during harness suddenly on 06.10.2014 and pass necessary orders for the purpose of compassionate appointment after considering the overall merits of the issue, within a period of six weeks from the date of receipt of a copy of this order".

6.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar

To 1.The Chief Engineer, The Tamilnadu Electricity Board, 5-A Block, Electricity Avenue, 144, Anna Salai, Chennai - 600 002.

2.The Superintendent Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Virudhunagar Distribution Circle, Virudhunagar.

+1CC to Mr.G.Kasinatha Durai Advocate in SR.No.69839. +1CC to M/s.Polax Legal Solutions in SR.No.70022. ARUL DS/PN/SAR-2 :13.07.2018: 3P/5C W.P(MD)Nos.13513 of 2018 26.06.2018