A legal heir of a deceased employee of Tamil Nadu Electricity Board, who had been waging war against TNEB to provide compassionate appointment to him, got reprieve nearly after 22 years, with the Madras High Court directing the Board to provide compassionate appointment to him within 12 weeks.
Allowing a petition from R Sankar, Justice D Hariparanthaman quashed the orders of the TNEB, rejecting his representations for compassionate appointment.
While working as Wireman, pthe etitioner's father died on October 28, 1992.
At the time of death of his father, the petitioner was only 14 years. The mother of the petitioner made an application to settle the terminal benefits and also to provide compassionate appointment to the petitioner. Since no order was passed, either granting or refusing compassionate appointment, the petitioner on attaining the age of majority, made a representation in June 1999 to provide appointment.
His mother also made a representation in October 1999. Thereafter, the petitioner again sent a representation in March 2000 but it was rejected.
Again in July 2007, the petitioner sent another representation. However, the TNEB in May 2010 rejected his request on the ground that he failed to make representation for compassionate appointment within three yeas from the date of his father and further, he did not attain the age of 18 years as on the date of completion of three years from the date of death of his father.
Challenging this, the petitioner filed the present petition.
The judge said the mother of the petitioner made a representation in April 1993. Therefore, there was no substance in the plea of TNEB that the application for compassionate appointment was made beyond three years. This court in J Jeba Mary case has considered various judgments and held that in those judgments, that the first representation should be taken into account and the later representation cannot be taken to reject the same on the ground that the same was made belatedly.
Furthermore, the TNEB itself has issued a proceeding dated November 1, 2011 stating that any rejection for compassionate appointment before August 2005 on the ground that the application was made beyond three years and the applicant did not attain the age of 18 years within three years from the date of death of employee, the same could be reviewed and appointment could be given. "In view of the judgments and the 2011 TNEB proceedings, the orders of the TNEB, rejecting the request of the petitioner are quashed", the judge added.
