S THANGIAH Vs. CHIEF ENGINEER PERSONNEL

JUDGEMENT

(1.) Concededly, the petitioner's father one Mr.Subbiah, who was working as Helper in the respondent Board died in harness on 8.12.1988, while he was in service, leaving his wife Madathi Ammal and two sons S. Krishnan and S.Thangiah, the petitioner herein.

(2.) The petitioner made a representation to the respondent Board seeking appointment on compassionate ground on 11.2.1994. But the same was returned by the second respondent on 28.2.1994 requiring the petitioner to furnish some more details. Therefore, the petitioner's mother resubmitted the application with the required enclosures on 22.3.1 994, based on which, the second respondent, in his proceedings dated 17.4.1994 directed the Assistant Executive Engineer (Distribution), Puliangudi, to hold a field enquiry with respect to the claim of the petitioner, who, in his proceedings dated 23.5.1994, recommended the petitioner for employment on compassionate ground. The recommendations of Assistant Executive Engineer dated 23.5.1994 was thereafter forwarded by the second respondent to the first respondent on 6.12.1994. But on 10.1.1995, the first respondent rejected the application of the petitioner for appointment on compassionate ground on the ground that the petitioner's brother S.Krishnan was already employed. Hence, the petitioner made a further representation to the first respondent on 31.1.1995 stating that his brother S.Krishnan was employed even prior to the death of their father, viz. in the year 1994 and got married in the year 1995 and from then, he was living separately. Following the said representation dated 31.1.1995, the petitioner has also made further representations on 4.8.1995, 5.10.1995, 3.12.1995 and 2 4.12.1996.

(3.) Complaining that no order was passed on the said representations till date, the petitioner seeks a writ of Mandamus directing the respondents to extend employment assistance to him, as stipulated in B.P.(Ch.) M.S.No.330 dated 2.11.1993.