LAWS(MAD)-2019-12-80

SENIOR DIVISIONAL MANAGER Vs. A.RAMEESRAJA

Decided On December 18, 2019
SENIOR DIVISIONAL MANAGER Appellant
V/S
A.Rameesraja Respondents

JUDGEMENT

(1.) The Life Insurance Corporation of India challenges the order dated 13.11.2014 in W.P.(MD).No.7069 of 2011, whereby the learned Single Judge has directed appointment to the petitioner on compassionate ground.

(2.) The undisputed facts, in brief, are that the petitioner's father was working as Record Clerk with the appellants. He died in harness at the age of 46 on 03.06.2006, leaving behind his wife and the petitioner, who was a minor at the time of death of his father. The petitioner's mother moved an application for compassionate appointment for the petitioner when he was a minor. That application was not considered. This was followed by several representations for appointment of the petitioner. The petitioner attained majority on 18.10.2009 and on attaining the majority, he filed an application for appointment on compassionate basis. The said application was rejected on the ground that the application was made after three years of the death of his father. The respondent / petitioner challenged the rejection of the application in the writ petition.

(3.) Learned Single Judge allowed the writ petition stating that since the earlier two applications have not been rejected, the application made by the petitioner must be read in continuation of the earlier two applications made by his mother. The Single Judge was of the opinion that if it is treated as a continuation of the earlier application, then the application could be within the prescribed time limit. Learned Single Judge also placed reliance on a Division Bench judgment in the case of A.Kamatchi Vs. The Chairman, Tamil Nadu Electricity Board, reported in 2013(2) CWC 758. It is this order which grants appointment order to the petitioner which is under challenge in the instant appeal.