SUPERINTENDING ENGINEER Vs. V JAYA

JUDGEMENT

(1.) REFUSAL of compassionate appointment to the respondent/writ petitioner by the appellant, namely the Superintending Engineer, Madurai Electricity Distribution Circle, Madurai, in his proceedings dated 03.06.2005, has been drawn for our consideration, as an issue, in the above appeal. For the purpose of convenience, the parties are described as arrayed in the writ petition.

(2.) 2.1.The writ petitioner's husband died on 05.10.1999 while he was discharging his duty as a Helper in the respondent Electricity Board. She applied for appointment on compassionate ground 15.11.2000, but the same was rejected on the ground that she did not possess the minimum educational qualification, namely a pass in 8th standard. The hapless widow/the writ petitioner again applied for employment on compassionate ground, but her request was turned down once again on the same ground by the proceedings of the respondent dated 07.03.2002. The writ petitioner therefore passed 8th standard examination on private studies in December, 2004 and again applied for appointment on compassionate ground. But, the respondent, by his proceedings dated 03.06.2005, rejected the request of the writ petitioner on the ground that she had not submitted her application within three years from the date of death of her husband. 2.2.Hence, the writ petitioner moved this Court in W.P. (MD) No.1335/2006 to quash the proceedings dated 03.06.2005 and for a direction to the respondent to consider the claim of the petitioner for appointment on compassionate grounds in a suitable post.

(3.) THERE cannot be any dispute as to the proposition advanced by the learned counsel for the appellant/respondent that neither the respondent Board nor any authority, much less the State, can be compelled to fill-up any appointment on compassionate ground de hors the provisions of the scheme in force governed by Rules and Guidelines.