Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :
26. 6.2014 CORAM THE HONOURABLE MR. JUSTICE N. PAUL VASANTHAKUMAR AND THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN WRIT APPEAL No.2061 of 2013 and M.P.No.1 of 2013 M.Rubasri ... Appellant Vs.
1. The Chairman Tamil Nadu Electricity Board Chennai - 600 002.
2. The Superintending Engineer Tamil Nadu Electricity Board Erode Electricity Distribution Circle Erode - 9. ... Respondents Writ Appeal filed under Clause 15 of the Letters Patent against the order made in W.P.No.33408 of 2012, dated 14.12.2012. For Appellant : Mr.S.Selvathirumurugan For Respondents : Mr.P.R.Dilipkumar ***** JUDGMENT
(Judgment of the Court was delivered by M. SATHYANARAYANAN, J.) The writ petitioner is the appellant and her father, who was an employee of the Tamil Nadu Electricity Board, died in harness on 8.12.2001. The appellant/writ petitioner submitted an application seeking compassionate ground appointment on 11.8.2004, within a period of three years from the date of death of her father on 8.12.2001 and the said application was rejected on 5.11.2004, stating that she has not completed 18 years of age.
2. The appellant herein, after completing 18 years of age, submitted another application dated 12.9.2005 and since no orders came to be passed on the said application, filed W.P.No.4333 of 2006 praying for issuance of Writ of Mandamus directing the Tamil Nadu Electricity Board to consider her case for compassionate ground appointment and it was allowed on 22.3.2006, by directing the respondents to consider the said application and pass orders, within a stipulated time and aggrieved by the same, Tamil Nadu Electricity Board filed an appeal in Writ Appeal No.1006 of 2006, vide judgment dated 18.9.2006, which was allowed on the ground that as per the scheme for compassionate ground appointment, in B.P.Ms.(FB)No.46, dated 13.10.1995, the application must be made within three years from the date of death of the deceased employee and a minor's application cannot be entertained.
3. The appellant herein completed Apprentice Training under the respondents herein and a certificate was also issued by the respondents on 22.4.2008. Tamil Nadu Electricity Board issued Board Proceedings in B.P.No.17, dated 1.11.2011 stating that the applications for compassionate ground appointment received within three years period prior to 23.8.2005 have to be construed as valid application even though the applicants were below 18 years of age, at that point of time, if they are otherwise eligible and pursuant to the said Board Proceedings, the appellant submitted a representation dated 15.11.2011.
4. The application submitted by the petitioner to consider her claim in terms of the above said Board proceedings dated 1.11.2011 came to be rejected vide proceedings dated 17.5.2012 holding that her earlier application was already rejected and the appeal filed by the Tamil Nadu Electricity Board against the order passed in W.P.No.4333 of 2006 was allowed and therefore, her plea for compassionate ground appointment cannot be considered and aggrieved by the same, the appellant filed the writ petition. The said writ petition came to be dismissed by order dated 14.12.2012 and aggrieved by the same, the present writ appeal is filed.
5. The learned counsel appearing for the appellant has drawn the attention of this Court to the Board Proceedings in B.P.No.17, dated 1.11.2011 and would submit that the appellant's father died on 8.12.2001 and she has submitted the application within a period of three years and it was rejected on 5.11.2004 holding that she has not completed 18 years of age and after completion of 18 years, immediately she submitted an application on 12.9.2005 seeking compassionate ground appointment and since it was not considered, filed W.P.No.4333 of 2006, which was allowed and challenging the same, Tamil Nadu Electricity Board filed an appeal in W.A.No.1006 of 2006 and it was allowed in their favour and she has completed apprenticeship training under the very same respondents and a certificate to that effect was also issued on 22.4.2008 and subsequently Board Proceedings No.17, dated 1.11.2011 came to be issued and even as per the said Board Proceedings, she has submitted her application prior to 23.8.2005 and in the light of the same, her plea for compassionate ground appointment has to be considered and necessary orders may be passed.
6. Per contra, learned standing counsel appearing for the Tamil Nadu Electricity Board has drawn the attention of this Court to the counter affidavit filed by the respondents and would submit that her application was considered and rejected on the ground that W.A.No.1006 of 2006 filed by the Department against the order passed in W.P.No.4333 of 2006 came to be allowed and in the light of the said order, her plea for compassionate ground appointment cannot be considered.
7. It is further contended by the learned standing counsel for the respondents that subsequently, the appellant has also got married and therefore, she is not entitled to compassionate ground appointment.
8. In response to the said submission, the learned counsel for the appellant would submit that the husband of the appellant is not employed and her family is still in indigent circumstances and the respondents can consider the said fact by conducting an enquiry.
9. It is a well settled proposition of law that the marriage of legal heir, especially, the women legal heir will not be considered as bar to consider the case of compassionate ground appointment.
10. This Court has carefully considered the rival submissions and perused the typed set of documents.
11. It is relevant to extract the Board Proceedings in B.P.No.17, dated 1.11.2011. ".Tamil Nadu Electricity Generation and Distribution Corporation Ltd., Abstract Appointment to job on the compassionate grounds receipt of applications and fixation of age - clarifications regarding - Putting into operation the Government Letter - order - issued. __________________________________________________________ (Administrative Branch) (Standing) The whole Board T.E.P. (a) D.C. Date:
01. 11.2011 Proceedings No.17, Iypasi, Kara Year, 2042. Read:
1. Government Letter (Retention) No.86/Q1/2010-2/ dated 4.5.2010.
2) T.E.P.A.D.C. meeting dated 18.10.2011, Serial No.11
3) Board Order (Whole Board) No.46, (N.K.), dated 13.10.1995. _____________________________________________________ Proceedings: In the letter cited
(1) Clarifications have been given regarding appointments to employment on compassionate grounds. On the basis of this, it was decided in the meeting of the Tamil Nadu Electricity Generation and Distribution Corporation ; Tamil Nadu and Tamil Nadu/Electricity Board to implement it.
2) Pursuant to this, for the heirs of the employees who have been working in the Tamil Nadu Electricity Generation and Distribution Corporation, Tamil Nadu Electricity Transmission Corporation & Tamil Nadu Electricity Board, in the event of their dying in harness, the following clarifications are given for appointment in employment. a) Prior to 23.8.2005 ; applications sent seeking employment on compassionate grounds and received within a period of
(3) three years; though the 18 year age was not completed; in case of fulfilling the other eligibilities for employment it should be considered as eligible. b) Since 23.8.2005, as the age of 18 was fixed for appointment on compassionate grounds; it should be considered that only those heirs, who have completed 18 years of age after 23.8.2005, are eligible for appointment on compassionate grounds. c) As regards the appointment to posts on compassionate grounds as cited
(3) under reference; within three years of demise of the employees working in Tamil Nadu Electricity Generation and Distribution Corporation, Tamil Nadu Electricity Transmission Corporation and Tamil Nadu Electricity Board; the date on which the applicant presents his application should be taken into account for fixation of age and educational qualifications. d) The clarification found in the aforesaid para 2 (c) comes into implementation on the date of publication of the Government letter, by the Tamil Nadu Electricity Generation and Distribution Corporation; Tamil Nadu Electricity Corporation and the Tamil Nadu Electricity Board.
3) It is hereby ordered that the aforesaid Government order be implemented since 4.5.2010 by the Tamil Nadu Electricity Generation and Distribution Corporation, Tamil Nadu Electricity Transmission Corporation and the Tamil Nadu Electricity Board. By Order of Tamil Nadu Electricity Generation and Distribution Corporation S.Syed Liyakath Chief Engineer/Establishment".
12. A perusal of the said Board Proceedings would disclose that prior to 23.8.2005, applications sent seeking employment on compassionate grounds and received within a period of three years, though 18 years age was not completed; in case of fulfilling the other eligibilities for employment it should be considered as eligible. Admittedly, the petitioner's father died on 8.12.2001 and she submitted her application on 11.8.2004 i.e. prior to 23.8.2005 and it was also rejected on 5.11.2004 stating that she has not completed 18 years of age. It is also to be pointed out at this juncture, that the Board Proceedings No.17, dated 1.11.2011 came to be issued subsequent to the disposal of Writ Appeal No.1006 of 2006. In the considered opinion of this Court, the impugned order passed by the respondents in rejecting her case merely on the ground of allowing of their W.A.No.1006 of 2006 without reference to B.P.No.17, dated 1.11.2011, on the face of it, is unsustainable and hence, liable to be interfered with.
13. In the result, the writ appeal is allowed and the impugned order passed in W.P. 33408 of 2012, dated 14.12.2012 as well as the impugned proceedings dated 17.5.2012 are set aside and the respondents are directed to consider the case of the appellant herein by giving an opportunity of hearing to the appellant and it is open to the appellant to produce Certificate from the Tahsildar to show that in spite of marriage, her family is in indigent circumstances. The respondents are directed to complete the said exercise and pass orders, within a period of eight weeks from the date of receipt of a copy of this order. No costs. Connected miscellaneous petition is closed. Index : Yes/No (N.P.V., J.) (M.S.N.,J.) Internet : Yes/No 26.6.2014 kb To 1. The Chairman Tamil Nadu Electricity Board Chennai - 600 002.
2. The Superintending Engineer Tamil Nadu Electricity Board Erode Electricity Distribution Circle Erode - 9. N. PAUL VASANTHAKUMAR, J.
AND M. SATHYANARAYANAN, J.
kb W.A.No.2061 of 2013 26.6.2014