R.Ramakkaal v. The Chairman And Managing

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2018

CORAM:

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.16266 of 2018 R.Ramakkaal ... Petitioner Vs

1) The Chairman and Managing Director, Tamil Nadu Electricity Board, 10th Floor, NPKRR Maligai, 144, Anna Salai, Chennai 600 002

2) The Superintending Engineer, Tamil Nadu Electricity Board, Virudhunagar Distribution Circle, Virudhunagar.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the Respondent herein to consider the petitioner for compassionate appointment and pass appropriate orders within the time frame fixed by this Court. For Petitioner : Ms.Lakshmi Gopinathan For Respondents : Mr.G.Kasinathadurai, Standing Counsel.

O R D E R

The prayer sought for in this Writ Petition is for a Writ of Mandamus directing the respondent herein to consider the petitioner for compassionate appointment and pass appropriate orders within the time frame fixed by this Court.

2. Heard Ms.Lakshmi Gopinathan, learned counsel appearing for the petitioner and Mr.G.Kasinathadurai, learned standing counsel appearing for the respondents.

3. The learned counsel appearing for the petitioner would submit that the petitioner's father was working as a Masdoor in the respondent Board. While so, he suddenly died in harness on 22.07.2011. Thereafter, the petitioner made an application, seeking compassionate appointment with the respondent organisation on 17.09.2012. The said representation of the petitioner was not considered at that time, since the petitioner did not complete 8th standard. Thereafter, after completing eighth standard, the petitioner made a further representation on 26.02.2018 and the said application was also not positively considered. https://hcservices.ecourts.gov.in/hcservices/

4. Since the petitioner is in penurious circumstances and she is struggling a lot to make both ends meet, she has once again made a request to the respondents to consider her request for compassionate appointment and if the said representation dated 26.02.2018 is directed to be considered and an order is directed to be passed on merits and in accordance with law, within a time frame, the petitioner would be satisfied.

5. I have heard Mr.G.Kasinathadurai, learned standing counsel appearing for the respondents, who would submit that, without going into the claim made by the petitioner, the said representation dated 26.02.2018 would be considered on merits and in accordance with law, within a time frame that may be stipulated by this Court.

6. Considering the said submissions made by both sides and taking into account the limited scope of the writ petition, this Court is inclined to pass the following orders:- " that, there shall be an order of direction to the respondents to consider the representation of the petitioner dated 26.02.2018, with regard to the grievance of the petitioner, seeking compassionate appointment, on the basis of completion of eight standard and pass orders thereon on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order."

7. With this direction, this Writ Petition is disposed of. However, there shall be no order as to costs. SD ASSISTANT REGISTRAR ( A.S.) TRUE COPY SUB ASSISTANT REGISTRAR ( CS III ) sts To

1) The Chairman and Managing Director, Tamil Nadu Electricity Board, 10th Floor, NPKRR Maligai, 144, Anna Salai, Chennai 600 002

2) The Superintending Engineer, Tamil Nadu Electricity Board, Virudhunagar Distribution Circle, Virudhunagar. 1CC TO M/S. POLAX LEGAL SOLUTIONS, SR 75833 1CC TO MR. G. KASINATHADURAI. ADVOCATE SR 76310 KK SV SAR 3 - 4 10 2018 - 2P 5C Order made in W.P.(MD)No.16266 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 30.07.2018