Writ appeal against dismissal of a petition seeking compassionate appointment with TANGEDO after the employee's death. The court held that filing upon attaining majority does not cure delay beyond three years and dismissed the appeal.
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W.A.No.2732 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2024
CORAM
THE HON'BLE Mr. JUSTICE S.S.SUNDAR AND THE HON'BLE Dr. JUSTICE A.D.MARIA CLETE
W.A.No.2732 of 2024
S.Silambarasan
.. Appellant
Vs.
1.The Superintending Engineer Tamil Nadu Electricity Board (Distribution) Kallakurichi & District
2.The Assistant Engineer Tamil Nadu Electricity Board (Distribution) Thiyagadurgam Kallakurichi Taluk & District
3.The Superintendent Tamil Nadu Electricity Board Administrative Branch 800, Anna Salai Chennai 600 002 .. Respondents
Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 04.08.2023 passed by the learned Single Judge in W.P.No.22963 of 2023.
For Appellant : Mr.A.G.Rajan
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W.A.No.2732 of 2024
J U D G M E N T
(Delivered by S.S.SUNDAR, J.)
This writ appeal is filed by the writ petitioner challenging the order of the learned Single Judge dated 04.08.2023, dismissing the writ petition filed for issuance of a writ of certiorarified mandamus to quash the order of the 1st respondent dated 21.07.2020 and for a direction to the 1st respondent viz ., The Superintendent Engineer, Tamil Nadu Electricity Board, to offer suitable job to the writ petitioner under compassionate grounds.
The appellant's father died on 10.01.2012, while in service. Even though
an application was filed by the appellant's mother on 04.05.2012 seeking compassionate appointment, it was not considered. Later, the appellant submitted an application for compassionate appointment on 21.08.2017 and the same was rejected by the 1st respondent, by an order dated 04.10.2017, on the sole ground that it was belatedly submitted beyond the period of three years from the date of death of his father. Thereafter, the appellant submitted further application on 22.06.2020 and the same was also rejected by order dated 21.07.2020, which is impugned in the writ petition.
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W.A.No.2732 of 2024
ground that the appellant's application for compassionate appointment which was made after a lapse of 8 years from the date of death of his father is not maintainable, as there is no provision. Since the rules which are in vogue are applicable to the respondent Department do not permit entertaining an application for compassionate appointment, submitted beyond the period of three years from the date of death of the employee, the learned Single Judge has rightly dismissed the said writ petition.
Hence, this Court finds no merit in this writ appeal and accordingly, this writ appeal stands dismissed. No costs.
Index : Yes/No Neutral Citation : Yes/No gya
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W.A.No.2732 of 2024
S.S.SUNDAR, J. AND A.D.MARIA CLETE, J.
gya
To 1.The Superintending Engineer Tamil Nadu Electricity Board (Distribution) Kallakurichi & District
2.The Assistant Engineer Tamil Nadu Electricity Board (Distribution) Thiyagadurgam Kallakurichi Taluk & District
W.A.No.2732 of 2024
3.The Superintendent Tamil Nadu Electricity Board Administrative Branch 800, Anna Salai Chennai 600 002
22.10.2024
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1 issue framed by the court
Whether a compassionate appointment application filed years after the employee's death by an heir who was a minor at death can be entertained despite the three-year limit.
S.Silambarasan
The Superintending Engineer Tamil Nadu Electricity Board (Distribution) Kallakurichi & District
The Assistant Engineer Tamil Nadu Electricity Board (Distribution) Thiyagadurgam Kallakurichi Taluk & District
The Superintendent Tamil Nadu Electricity Board Administrative Branch, Chennai
S.S.Sundar
A.D.Maria Clete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
