S.Ponnuthai v. The Chief Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH S.Ponnuthai ... Petitioner -vsThe Chief Engineer, Recruitment Board, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), 9th Floor, N.P.K.R.R. Palace, 144, Anna Salai, Chennai District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to appoint the petitioner's son namely S.Muthumani on compassionate ground in the suitable post, based on his educational qualifications by considering the petitioner's representation dated 24.03.2025, within the time limit that may be stipulated by this Court. For Petitioner : Mr.G.Kaleeswaran For Respondent : Mr.B.Ramanathan Standing Counsel

ORDER

This Writ Petition has been filed seeking a direction to the respondent to consider and appoint the petitioner's son, S.Muthumani, on compassionate grounds in a suitable post commensurate with his educational qualifications, based on the petitioner's representation dated 24.03.2025, within a time frame to be stipulated by this Court.

2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. According to the petitioner, her husband, who was employed as a 'Helper' in the respondent Department, passed away on 19.10.2006 while in service. The petitioner was initially directed by the Virudhunagar Division on 14.07.2008 to submit the requisite documents for considering his son's appointment on compassionate grounds. In compliance with the said communication, the petitioner submitted all necessary documents and awaited a favorable order. However, the request was rejected on the ground that the petitioner's son was a minor and had not completed the 8th Standard at that time. Thereafter, upon her son attaining majority and completing the necessary

educational qualification, the petitioner submitted a fresh representation seeking compassionate appointment. Despite fulfilling the eligibility criteria, the application was not considered and the petitioner was made to run from pillar to post without any justification or final decision. Hence, the petitioner has been left with no other remedy but to approach this Court seeking appropriate directions for appointment of his son on compassionate grounds, based on the representation submitted and in accordance with the applicable rules.

4. Heard both sides.

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 the 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 respondent herein to consider the petitioner's representation dated 24.03.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, 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 expressed any of its views with regard to the merits of the matter and that it is open to the 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.

NCC : Yes / No 18.07.2025 Index : Yes / No smn2 To:- The Chief Engineer, Recruitment Board, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), 9th Floor, N.P.K.R.R. Palace, 144, Anna Salai, Chennai District.

VIVEK KUMAR SINGH , J.

smn2 18.07.2025