(1.) THOUGH the miscellaneous petition is listed today, by consent of both sides, the writ petition itself is taken up for final disposal.
(2.) ONE Mr. Ekambaram, was a wireman in the respondent's Tamil Nadu Electricity Board. He died on 06.08.2005. During his life time, according to the petitioner, he adopted the petitioner as his adopted son. After the demise of Mr. Ekambaram, the petitioner made an application seeking for appointment on compassionate grounds. The third respondent by his proceedings in Ka.No.02255-49 /Ni.Pi2/Ni.Vu.2/Ko.Va.Ve/2007 dated 08.02.2007 rejected the same on the sole ground that as per the regulations of the Tamil Nadu Electricity Board, the adopted son is not entitled for appointment on compassionate grounds. Challenging the same, the petitioner has come forward with this petition.
(3.) AT this juncture, the learned counsel for the petitioner would produce an amendment to Regulation 91 of Tamil Nadu Electricity Board Service Regulations dated 28.04.2007. In paragraphs 2 and 4 of the proceedings it has been stated as follows "2. The provisions in the Tamil Nadu Electricity Board Service Regulations relating to the rule of reservations, age concessions and all other rules for appointment purposes are framed based on the provisions contained in the Tamil Nadu State and Sub-ordinate Services Rules. Therefore, it has been examined to make a provisions in the Tamil Nadu Electricity Board Service Regulations based on the Executive Orders issued in the Board's Proceedings third to fifth cited and also to extend the benefit to legally adopted sons and legally adopted daughters of the Board employee for considering appointment on compassionate grounds. After careful examination, the Tamil Nadu Electricity Board has resolved to introduce a separate regulation to this effect in Tamil Nadu Electricity Board Service Regulations. 4. Accordingly, the Tamil Nadu Electricity Board hereby makes the following amendments to the Tamil Nadu Electricity Board Service Regulations:- AMENDMENTS (i) after sub-regulation(e) in regulation 91(2), the following regulation shall be inserted, namely:-