C RAMESH Vs. CHAIRMAN TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner is the son of one Chinnasamy, who was employed in the respondent Electricity Board. THE father of the petitioner died on 06.6.1988. THE mother of the petitioner made a representation on 19.8.1996 to the third respondent for employment assistance to the petitioner on compassionate ground. By the communication addressed to the mother of the petitioner, the said application has been rejected by the third respondent by order dated 16.11.1998, which is impugned herein, which reads as under: As directed by the Board, I am to inform that your request for employment assistance to your son in Tamil Nadu Electricity Board is not feasible of compliance. THE said order has been challenged in this writ petition.

(2.) EVEN though no specific reason is given in the impugned order passed by the third respondent for rejecting the request of the mother of the petitioner for appointment on compassionate appointment, in the counter affidavit filed by the respondent Board, it is stated that the petitioners father expired on 06.6.1988 and the application has been made on 19.8.1996 and, therefore, the application cannot be considered beyond the period of three years as the minimum period by which an application for compassionate appointment could be made. The issue is not res integra as I have considered the same in D. Ramdoss v. The Chief Engineer, T.N.E.B. and Another (2001 Writ Law Reporter 601) wherein I have held that based upon the Boards proceedings made in B.P.Ms. (PB) No.46, (Administration Branch) dated 13.5.1995 holding that the minimum period of three years prescribed is from the date of the said Boards proceedings i.e., on and from 13.10.1995 and any application made within the period of three years from 13.10.1995, cannot be rejected on the ground of delay. Holding so, I have directed the respondent to consider the application of the petitioner therein, which was made within a period of three years from the date of Boards proceedings, on merits.