S AMBUROSE Vs. CHAIRMAN TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner prays for a writ of Certiorarified Mandamus to call for the records relating to the order dated 13.08.2001 passed by the 3rd respondent, quash the same and direct the respondents to consider the claim of the petitioner and provide suitable post on compassionate grounds.

(2.) THE following facts are sufficient for the disposal of the above Writ Petition: THE father of the petitioner, who was employed as a Fitter Grade II, died on 19.8.1996. By letter dated 16.8.1997, the petitioner made a request for his appointment on compassionate grounds to the third respondent, namely, the Superintending Engineer, Madurai Electricity Distribution Circle. By letter dated 30.9.1997, the petitioner was directed to furnish the original educational certificates. This was however replied by the petitioner through a letter dated 27.01.1998, informing the respondents that he was undergoing the B.E. Course and that he would make a request for compassionate appointment on completion of the B.E. course. On 24.7.1999, the petitioner has applied for employment on compassionate grounds again and has stated that he has completed B.E. course and that he would be submitting the certificates required thereto. By letter dated 11.10.1999, the third respondent appointed an Enquiry Officer to conduct field enquiry. On completion of the same and after obtaining the report, the third respondent by his letter dated 8.1.2001, requested the Chief Engineer (personnel) to process the application of the petitioner. In the same letter, he has stated that the petition has been filed within the prescribed time limit. However, the impugned order came to be passed on 13.8.2001 informing the petitioner that his application has been submitted with a delay of three months and therefore, the said request cannot be complied with. Hence, the above writ petition.

(3.) THE contention of the learned counsel for the respondents is that the said application was not accompanied with all the relevant certificates and only if the application is accompanied with all the relevant certificates, it can be taken into consideration.