AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
Smart Summary

Factual and Procedural Background

The petitioner is a son of the late V. Periyasamy, who was employed as a Line Inspector by the respondent Board and died on 29 July 1997. The legal heirs of the deceased listed in the opinion are:

  • Annamaiyili
  • P. Mahalingam
  • P. Ravi
  • P. Ramesh

Under the respondent-Board's proceedings No. 46 dated 13 October 1995, appointments on compassionate grounds must be requested within three years of the employee's death. The deceased's wife applied on 30 January 1999 seeking appointment for one son, P. Ramesh, which was within the three-year period but was rejected by the Board on 9 February 1999 because P. Ramesh did not possess the minimum educational qualification (pass in VIII Standard). The petitioner then applied on 10 January 2001 for appointment on compassionate grounds. That application was rejected by an order dated 29 January 2001 on the ground that it was made beyond the three-year period. The petitioner filed the present writ petition challenging that rejection.

Legal Issues Presented

  1. Whether a subsequent application for compassionate appointment made after the three-year period can be treated as a renewal of an earlier application that was made within the three-year period and thereby be considered despite the delay.
  2. Whether the respondent-Board ought to have adopted a lenient and sympathetic approach in considering the petitioner's application for appointment on compassionate grounds rather than rejecting it solely because it was made after three years.

Arguments of the Parties

Petitioner's Arguments

  • The Board's proceedings require requests for compassionate appointment to be made within three years; the deceased's wife made such a request on 30 January 1999 (within three years).
  • The petitioner's later application (10 January 2001) was made only after the earlier request had been rejected; it should be treated as a renewal of the earlier application and therefore not barred by the three-year limit.
  • The Board should have considered the petitioner's application on renewal/merit rather than rejecting it as time-barred.

Respondent's Arguments

  • The earlier request on behalf of the third son was rejected because that son did not possess the minimum educational qualification.
  • The petitioner's application dated 10 January 2001 was admittedly made beyond the three-year period and therefore could not be considered under the Board's proceedings dated 13 October 1995.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court focused on the object and scheme of compassionate appointments: to prevent the dependents of a deceased in-service employee from suffering due to loss of the family's earning member, and to require employers to adopt a lenient and sympathetic approach in such cases. The court noted these principles and applied them to the facts:

  1. It accepted that the wife of the deceased submitted an application on 30 January 1999, which was within the three-year period prescribed by the Board's proceedings.
  2. When that application was rejected on the ground of inadequate educational qualification, the petitioner subsequently filed an application on 10 January 2001. The court treated the later application as a renewal of the earlier application rather than a fresh first-time application made beyond the statutory period.
  3. Because the earlier application had been made within three years, the court reasoned that the subsequent application should be regarded as a continuation/renewal of that timely request and therefore not to be dismissed solely on the ground of delay.
  4. Concluding that the Board ought to have adopted a lenient view and considered the petitioner's application on merits rather than rejecting it for delay, the court found the impugned order unsustainable.

Holding and Implications

The writ petition is allowed and the impugned order rejecting the petitioner's application on the sole ground of delay is set aside.

Direct consequences ordered by the court:

  • The respondent-Board is directed to reconsider the petitioner's application dated 10 January 2001 for appointment on compassionate grounds without reference to the delay and on merits in accordance with the Board's proceedings.
  • The Board must pass appropriate orders on reconsideration within six weeks from the date of receipt of a copy of the court's order.
  • The connected writ miscellaneous petition (W.M.P.) is closed and no costs are awarded.

No broader legal implications or precedential rule beyond the direct effect on these parties are discussed in the opinion; the decision requires the Board to reconsider the petitioner's application but does not purport to lay down a new precedent.

    P. Ravi v. (1) Chief Engineer (Personnel), Tamil Nadu Electricity Board, Chennai

    1. The petitioner is the son of late V. Periyasamy, who was employee as Line Inspector in the respondent-Board till 28 July, 1997. The said Periyasamy died on 29 July, 1997 leaving behind the following legal heires:

    (1) Annamaiyili

    (2) P. Mahalingam

    (3) P. Ravi

    (4) P. Ramesh

    2. As per the Board's proceedings No. 46, dated 13 October, 1995, entitling toe Board to make appointments on compassionate grounds, the mother of the petitioner applied to the respondent-Board on 30 January, 1999 requesting to provide employment to her son by name P. Ramesh. The said request was made within a period of three years as provided under the Board's proceedings No. 46, dated 13 October, 1995. However, the said request was rejected on the ground that Sri P. Ramesh did not possess the minimum educational qualification of a pass in the VIII Standard, by the second respondent in their letter, dated 9 February, 1999. On receipt of the said communication, the petitioner, who is the second son of late Periyasamy applied on 10 January, 2001 for appointment on compassionate grounds. The said request was rejected by the impugned order, dated 29 January, 2001, on the ground that the request was made beyond the period of three years and toe same cannot be entertained as per the Board's proceedings, dated 13 October, 1995. As against the said order, the petitioner has filed this writ petition.

    3. Learned counsel for the petitioner submitted that as per toe Board's proceedings, dated 13 October, 1995, the request for appointment on compassionate grounds was made within a period of three years from toe date of the death of the employee. The father of the petitioner died on 29 July, 1997 and one of the brothers of the petitioner made a request for appointment on compassionate grounds through his mother of the petitioner on 30 January, 1999 within a period of three years. Only when the said request was rejected, the present application was made on 10 January, 2001, of course beyond the period of three years. However, the second respondent should have considered the request for renewal of the earlier request and if that be so, the request made by the petitioner cannot be rejected on the ground that it was made beyond the period of three years.

    4. Learned counsel appearing for the respondent on toe other hand submitted that the earlier request made by the wife of late Periyasamy on behalf of her third son was rejected on toe ground that the third son did not possess the minimum education qualification. The request of the petitioner made on 10 January, 2001 for appointment on compassionate ground was admittedly made beyond the period of three years. Hence the said request could not be considered on the basis of the Board's proceedings, dated 13 October, 1995.

    5. I have given due consideration to the rival contentions. The scheme providing for appointment on compassionate grounds, is to enable the legal heirs or dependents of the deceased employee who dies while in service, to get appointment as they should not suffer due to the loss of earning bread-winner of toe family. In the matter of appointment on compassionate grounds, the employer has to adopt always a lenient and sympathetic approach only in the interest of the dependents of its own employee, who die while in service to maintain the family. Accordingly the wife of the deceased employee submitted an application requesting the respondent-Board for appointment of her son by name Sri Ramesh on compassionate grounds. The said request was made on 30 January, 1999 within a period of three years. When the said request was rejected on toe ground that Sri Ramesh did not possess toe minimum educational qualification of a pass in toe VIII Standard, the subsequent request was made by the petitioner for such appointment on 10 January, 2001. The said request cannot be considered as one made beyond toe period of three years, as the same was not made for the first time beyond toe period of three years after the demise of the father of the petitioner. The earlier request made for such an appointment was well within a period of three years and therefore, the subsequent request even though made beyond the period of three years, can be treated as one made within a period of three years as the second request was made only on the ground that the first request for appointment on compassionate ground was rejected and therefore the second request for appointment shall be treated as one of renewal of request made earlier within the period of three years.

    6. On the facts and circumstances of the case, I find that the respondent-Board ought to have taken a lenient view in considering the application or the petitioner for appointment on compassionate grounds and ought not to have rejected the same on the ground that it was made beyond the period of three years.

    7. In view of the above, the impugned order rejecting the request of the petitioner for appointment on compassionate ground only on the ground that the application was made beyond the period of three years cannot be sustained and hence the same is liable to be set aside. Accordingly the same is set aside and the respondent-Board is directed to reconsider the request of the petitioner, dated 10 January, 2001, for appointment on compassionate grounds without reference to the delay on merits and in accordance with the Board's proceedings and pass orders within a period of six weaks from the date of receipt of a copy of this order. The writ petition is allowed. Connected W.M.P is closed. No costs.

    Use AI to get other relevant cases.

    Comments

    P. Ravi v. (1) Chief Engineer (Personnel), Tamil Nadu Electricity Board, Chennai
    (Dec 4, 2001)