M.Chinnasamy v. The Chief Engineer (Personnel)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.14 of 2025 M.Chinnasamy ... Petitioner -vs1. The Chief Engineer (Personnel), TANGEDCO, No.144, Anna Salai, Chennai - 2.

2. The Chief Engineer (Distribution), TANGEDCO, Madurai Division, K.Pudur, Madurai.

3. The Superintending Engineer, TANGEDCO, Madurai Division, K.Pudur, Madurai-625 007.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondents to provide the petitioner an employment on compassionate ground to any entry level post, by considering the petitioner's representation dated 22.11.2024, within the period that may be stipulated by this Court.

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For Petitioner : Mr.R.Yamuna For Respondents : Mr.B.Ramanathan

ORDER

This writ petition has been filed seeking a direction to the respondents to provide the petitioner an employment on compassionate ground to the petitioner to any entry level post, by considering the petitioner's representation dated 22.11.2024.

2. Heard the learned counsel on either side and perused the materials placed before this Court.

3. The petitioner's father, who was employed as 'Field Assistant' died in harness in the year 2009. Since the petitioner was minor at the time of his father's death, the petitioner's mother approached the third respondent seeking an employment. The petitioner, after having been major, made a representation dated 22.11.2024 to the respondents seeking appointment on compassionate grounds. Since the said representation was not considered, the petitioner has filed the present Writ Petition. 2/6

4. 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, nonconsideration 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 India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the first respondent to consider the petitioner's representations dated 22.11.2024 on its own merits and pass appropriate orders in accordance with law, 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 respondents to consider the same on its own merits.

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6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 07.07.2025 NCC : Yes/No Index : Yes / No sm 4/6

TO:-

1. The Chief Engineer (Personnel), TANGEDCO, No.144, Anna Salai, Chennai - 2.

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VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.14 of 2025 Dated:

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