M. VASANTH Vs. CHAIRMAN CUM MANAGING DIRECTOR

JUDGEMENT

(1.) This Petition has been filed seeking Writ of Certiorarified Mandamus to quash the 3rd Respondent's Letter made in Letter No.511/NI Pi II/Vu2/Ko.Va.Vay/18, dtd. 16/5/2018 and consequently direct the Respondents to appoint the Petitioner on Compassionate ground to any eligible post in the Tamil Nadu Generation and Distribution Corporation Ltd.

(2.) It is the case of the Petitioner that his father Murugesan was employed as Wireman in the Office of the Assistant Engineer, Vazhapadi, South Sec. under the control of the Third Respondent. While he was in service, died on 5/6/2005, leaving behind his wife, daughter, 2 sons and mother as his Legal Heirs. The Petitioner's Father was the sole breadwinner of his family and due to his sudden death, a vacuum left in his family. The Petitioner's mother immediately made a Representation, dtd. 20/1/2006 to the Third Respondent requesting to provide Compassionate Appointment to her. In reply, the Third Respondent vide Letter, dtd. 4/4/2006 directed the Petitioner's Mother to furnish the Certificates such as Death Certificate, Educational qualification, Legal Heirship Certificate, Indigent Certificate, etc. and also directed to send the duly filled Application Form, which was attached along with that letter. Accordingly, the Petitioner's Mother sent the same to the Third Respondent.

(3.) Subsequently, the Petitioner's Mother also died on 6/6/2007. The Petitioner though being an orphan had studied and obtained Diploma in Electrical Electronics Engineering. Thereafter, he made a Representation on 18/4/2018 to the Third Respondent requesting him to provide Compassionate Appointment. The Third Respondent by Letter, dtd. 16/5/2018 rejected the claim of the Petitioner on the ground that he had not applied within three years from the date of death of his father, which is a belated one. However, the Third Respondent failed to note that his mother applied for compassionate on 20/1/2006 i.e., within three years from the date of death of his father. He applied for Compassionate Appointment as a renewal of his mother's Application.