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Madras High CourtWP(MD)/29143/2024disposed of

S. Chithra v. The Assistant Director

2024-12-05Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.29143 of 2024 S.Chithra ... Petitioner -vs1.The Assistant Director, TamilNadu Generation and Distribution Corporation, Meenakshi Complex Main Road, Melur Town, Madurai District.

2. The Chief Executive Engineer, Tamilnadu Generation and Distribution Corporation, K.Pudur, Madurai, Madurai District.

3. The Executive Engineer, Tamilnadu Generation and Distribution Corporation, Madurai East, K.Pudur, Madurai District.

4. The Assistant Executive Engineer, Tamilnadu Generation and Distribution Corporation, Karungalakudi, Melur Taluk, Madurai District.

5. Mahalakshmi ... Respondents 1/6

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1 to 3rd respondents to grant employment to the petitioner on compassionate grounds in the first respondent's Corporation relating to the service of the petitioner's husband deceased R.Saravanan in the first Respondent Corporation. For Petitioner : Mr.V.Santhakumaresan For Respondent Nos.1 to 4 : Mr.B.Ramanathan Standing Counsel

O R D E R

The instant writ petition has been filed by the wife of deceased employee of the TANGEDCO seeking a mandamus for granting appointment on compassionate ground.

2. A perusal of the representation reveals that the petitioner's husband was working as Field Assistant in the respondent's Tamilnadu Generation Distribution Corporation. While he was in service, he died on 16.02.2024, leaving behind his wife and two minor children. The petitioner has given a request on 03.07.2024, seeking appointment on compassionate grounds. However, the said application is kept pending. Hence, the present writ petition has been filed.

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3. The learned Standing Counsel appearing for the respondents herein had pointed out the legal heirship certificate and contended that the mother of the deceased is alive. Therefore, no objection should be obtained from the mother of the deceased employee.

4. A perusal of the legal heirship certificate reveals that the mother of the deceased is aged about 65 years and she will not qualify for any appointment. In such circumstances, the question of insisting no objection certificate from the mother of the deceased employee is unnecessary.

5. In view of the above said facts, the respondents herein are directed to consider the request of the petitioner for compassionate appointment and pass orders on merits and in accordance with the Rules and Regulations of TANGEDCO within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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6.With the above said observations, this writ petition stands disposed of. No costs.

05.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No gvn 4/6

To 1.The Assistant Director, TamilNadu Generation and Distribution Corporation, Meenakshi Complex Main Road, Melur Town, Madurai District.

2. The Chief Executive Engineer, Tamilnadu Generation and Distribution Corporation, K.Pudur, Madurai, Madurai District.

3. The Executive Engineer, Tamilnadu Generation and Distribution Corporation, Madurai East, K.Pudur, Madurai District.

4. The Assistant Executive Engineer, Tamilnadu Generation and Distribution Corporation, Karungalakudi, Melur Taluk, Madurai District.

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R.VIJAYAKUMAR,J.

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