S.KARTHIKEYAN Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) This writ petition has been filed impugning the order of the third respondent made in proceedings No.173/Nir.2/Udavi/4/Ko.vave/05 dated 18.03.2005 rejecting the application of the petitioner seeking appointment on compassionate grounds. The petitioner is the son of one Sarangapani, who worked as Wireman in Tamil Nadu Electricity Board (in short TNEB) and retired on the ground of medical invalidation on 12.01.1999. The petitioner's application for compassionate appointment was rejected on the ground that he did not apply for compassionate appointment within the period of three years from the date of his father's retirement on medical invalidation.

(2.) It is the contention of the petitioner made in the writ petition that he had applied as early as on 21.03.2001 seeking compassionate appointment, which was very much within three years from the date of retirement of his father on medical invalidation, but the impugned order came to be passed erroneously on the assumption that he applied for appointment on compassionate grounds after a lapse of three years.

(3.) In the counter affidavit filed on behalf of the respondents, it has been stated that though the benefit of appointment on compassionate grounds was extended to the dependents of the employees retiring on medical invalidation by Board proceedings B.P.Ms.(FB) No.51 dated 31.05.1984, a condition was imposed to the effect that the benefits were available to the dependents of the employees of the Board, who retired from service on medical invalidation before attaining the age of 50 years; that the other conditions regarding appointment on compassionate grounds applicable to the dependents of the employees dying in harness were also made applicable in case of dependents of the employees retiring on medical invalidation; that as per Board proceedings B.P.Ms.(FB) No.46 dated 13.10.1995, the time limit of three years had been fixed for the submission of the application for appointment on compassionate grounds; that since the petitioner failed to apply seeking appointment on compassionate grounds within three years from the date of retirement of his father on medical invalidation, his application was rightly rejected and that hence the writ petition should be dismissed.