MALAR Vs. CHIEF ENGINEER TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) THIS writ petition is filed to direct the first respondent to appoint the petitioner on compassionate grounds consequent to the death of one Krishnan.

(2.) IT is a case of compassionate appointment. The daughter of one late Krishnan, an employee of the Tamil Nadu Electricity Board, is the writ petitioner. Her father late Krishnan working in the respondents/electricity Department died in harness on 9. 1. 1997 in an accident. On the death of the bread winner, on 14. 3. 2001 after more than 4 years from the date of death, an application was filed for the above relief. The Board, relying on its proceedings No. B. P. 46, dated 13. 10. 1995 rejected the application for compassionate appointment stating that the application should have been made within three years from the date of death of the employee. The rejection order dated 26. 4. 2001 was communicated to the legal heirs of the deceased employee. The order dated 26. 4. 2001 has not been challenged so far. On the contrary, the writ petition is filed for a Mandamus for the above said relief.

(3.) THE writ petition is filed merely on the basis of the representation dated 17. 12. 2004, which admittedly, is a belated representation. The respondents have been noticed have filed a counter affidavit denying the plea taken in the writ petition, in particular, the respondents stated that the rejection of the application by order dated 26. 4. 2001 has not been challenged and therefore, the present writ petition has to be dismissed on the ground of delay and laches. There is no cause of action for filing this writ petition seeking the relief as aforesaid at this point of time as the issue has become stale.