IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30.09.2010 Coram: THE HONOURABLE Ms. JUSTICE K.B.K.VASUKI W.P. No. 2885 of 2005 Dilli Bai .. Petitioner vs. 1.The Tamil Nadu Electricity Board, Rep. by its Chairman VIII Floor, No.800, K.R.R.Maligai Anna Salai, Chennai-600 002. 2.The Chief Engineer (Personnel) The Tamil Nadu Electricity Board, VIII floor, No.800, K.R.R.Maligai Anna Salai, Chennai-600 002. 3.The Superintending Engineer Chegalpet Electricity Distribution Circle Tamil Nadu Electricity Borad Chengalpet. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to quash the impugned order passed by the 3rd respondent in Letter No.Ka.Na.475/NiPi.3/Asst.3/Ko.Va.VA/04-1 dated 20.03.2004 and to direct the respondents to consider and to appoint the petitioner in any suitable post under compassionate ground. For Petitioner : Mr. S.A.Hafiz For Respondents : Mr.A.Selvendran (TNEB) No appearance O R D E R
The relief sought for in this writ petition is against the order passed by the third respondent in Letter No.Ka.Na. 475 /NiPi.3 /Asst.3 /Ko.Va.VA/04-1 dated 20.03.2004, to quash the same and to direct the respondents to consider and to appoint the petitioner in any suitable appointment on compassionate ground.
2.The short point, which arises for consideration of this Court is as to whether the adopted daughter is eligible for employment on compassionate ground and the same is covered in the un-reported Judgment dated 05.02.2007 of Hon’ble Division Bench of our High Court in W.A.No.3883 of 2004 (A.Sudhakar v. the Tamil Nadu Electricity Board). In the above case decided by our High Court, one of the employees of Tamil Nadu Electricity Board died on 03.09.1990 and an application was made on behalf of the petitioner therein, who was the minor on the date of death of his adopted father for suitable employment on compassionate ground and the same was rejected by the Board and the decision of the Board was questioned. The learned Single Judge dismissed the writ petition on two grounds;
1)The application is made beyond three years and
2)The petitioner being the adopted son, is not eligible for employment on compassionate ground.
The correctness of the order passed by the learned Single Judge is challenged before the Hon’ble Division Bench of our High Court by way of writ appeal in W.A.No.3883 of 2004. The Hon’ble Division Bench has after discussing the factual and legal aspects in detail in the light of various Government orders, allowed the writ appeal by holding that the limitation prescribed for making an application for appointment under compassionate ground is already taken away in the Board’s proceedings in (Per.) BP (FB) No.3 Administrative Branch dated 09.01.2007 and as per the Government order in G.O.Ms.No.2899, Labour and Employment Department, dated 23.12.1988, a legally adopted son/unmarried adopted daughter of the Government servant is eligible for compassionate appointment subject to condition that adoption was made during the life time of the employee and also subject to other conditions prescribed by the Government for such compassionate appointment. The learned counsel for the petitioner has also produced the copy of letter in Permanent B.P.Ms.(FB)No.13 dated 28.04.2007, in and under which, the amendment is introduced to the Board’s regulation in respect of age, concession for appointment on compassionate ground and explanation-2 in the amendment is to the effect that the expression “sons and daughters” in this regulation includes a legally adopted son or daughter, whose adoption was made during the life time of the deceased Board employee. The Hon’ble Division Bench, after finding the petitioner therein is, being the adopted son, eligible to apply for employment on compassionate ground directed the appropriate authority to consider and pass orders regarding his claim on merits within the time specified.
3.Here, the petitioner claims herself to be the adopted daughter of one Kannan, who was the employee of the respondent / Electricity Board since deceased, while in service. The fact that the petitioner is legally adopted, while she was 13 years old and the same is duly registered is evident from the copy of the registered Adoption Deed dated 09.09.1998 enclosed at pages-1 to 5 of the typed set of papers. Further the petitioner and one minor Latha, who was also junior adopted daughter of late Kannan and the legally wedded wife of Kannan are also by order dated 07.04.2003 declared by the Principal Sub-Court, Chengalpet by the order dated 07.04.2003 as legally entitled to get the death cum retirement benefits and other amounts due to the deceased employee.
4.That being so, the ground on which the claim of the petitioner is rejected that the petitioner is not entitled to be considered under the Tamil Nadu Board Services Regulation, is legally and factually not sustainable and is liable to be dismissed. However, it is for the authority concerned to consider the petitioner’s claim for suitable employment on merits subject to her fulfilling educational and other qualifications for any suitable post on compassionate appointment.
5.In the result, the impugned order dated 20.03.2004 passed by the third respondent is set aside and the respondents are directed to consider the petitioner for suitable post, subject to her fulfilling educational and other qualifications and subject to other conditions, for employment on compassionate ground. The whole exercise shall be completed within eight weeks from the date of receipt of copy of this order. No costs.
30.09.2010
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To
1.The Tamil Nadu Electricity
Board, Rep. by its Chairman
VIII Floor, No.800, K.R.R.Maligai
Anna Salai, Chennai-600 002.
2.The Chief Engineer (Personnel)
The Tamil Nadu Electricity
Board, VIII floor, No.800, K.R.R.Maligai
Anna Salai, Chennai-600 002.
3.The Superintending Engineer
Chegalpet Electricity Distribution Circle
Tamil Nadu Electricity Borad
Chengalpet