V SHANTHI Vs. CHAIRMAN TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) I have heard Ms. V. Pushpa, learned counsel appearing for the petitioner and Mr. M. Vaidyanathan, learned counsel representing the respondents and have perused the records.

(2.) THE petitioner is the daughter of one P. Veeran, wireman, employed in Natham West, Dindigul Electricity distribution Circle. Unfortunately, he passed away on 30. 12. 1998 leaving behind his wife and the petitioner daughter. The petitioner's mother Karpagavalli applied for employment assistance and sent a requisition on 05. 4. 2001. But she was informed that since she was not qualified and did not have the minimum educational qualification, she cannot be granted any employment. Thereafter, being the daughter of the deceased, the petitioner applied for employment under the Employment assistance Scheme. In her application, she had stated that though she was married, she was deserted by her husband and, therefore, she is eligible for getting the employment under the Employment Assistance Scheme.

(3.) BY Board Proceedings in Per B. P. (Ch) No. 330 (Administrative Branch) dated 02. 11. 1993, it is stated that a daughter deserted by her husband is also eligible for getting employment by the Scheme. The following passage from the proceedings dated 02. 11. 1993, may be usefully extracted below: " (ii)It is considered that if a member of the family is already in employment and supports the family then the restriction that if there is already any earning member in the family of the government servant, who died in harness, the other dependants of the deceased government servant will not be eligible for compassionate appointment may be applied. When a dependant of the family is employed, the factors to be ascertained are, whether he is regularly employed and is actually supporting the family. If that person was employed even before the death of the Government servant and was living separately without extending any help to the family, then the case of other eligible dependant will be considered. (iii)Only the dependants viz. , Wife / husband / Son / Unmarried daughter are eligible for appointment married daughter deserted by her husband / widowed or divorced daughter living with the family may be considered for employment assistance if the widow of the deceased employee gives her consent in writing. (iv) Age Restriction of 30 in the case of Sons / Unmarried daughter or 40 in the case of Widow / Widower will continue. 2. After careful consideration, the Board hereby directs that the above concessions may be made applicable in Tamil Nadu Electricity board in regard to providing employment assistance to the dependants of the deceased employees who died while in service and dependants of the invalidated employees on medical grounds. " in that proceedings, the Board has adopted G. O. Ms. No. 155 labour and Employment Department dated 16. 7. 1993 providing for compassionate appointment for the deserted daughter.