WP/16135/2021 of Indhumathi Vs The Chairman Cum Managing Director
W.P. No.16135 of 2021
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-04-2026
CORAM
THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ
W.P. No.16135 of 2021
Indhumathi
D/o.Dhamotharan,
No.65, Harvipatti, Thirupaarankundaram,
Madurai - 625005.
..Petitioner(s)
Vs
1. The Chairman-cum-Managing Director
Tamil Nadu Electricity Generation and
Distribution Corporation Ltd,
No.144, Anna Salai, Chennai - 600 002.
2. The Chief Engineer (Personal)
Tamil Nadu Electricity Generation and
Distribution Corporation Ltd,
No.144, Anna Salai, Chennai - 600 002.
3. The Superintendent Engineer,
Tamil Nadu Electricity Generation and
Distribution, North Coimbatore Distribution
Region, Coimbatore - 12.
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
praying for a writ of Certiorarified Mandamus calling for the records in
pertaining to the impugned order of the 3rd respondent vide his proceedings i n
Ka.No.001183/Ni.Bi.2/U.3/Ka.Va.Ve/A.No.178/2021 dated 02.02.2021 and
quash the same as arbitrary, illegal and without jurisdiction and conse quently
directing the respondents to appoint the petitioner on compassionate ground due
to death of her father Dhamodharan while he was in service.
https://www.mhc.tn.gov.in/judis
W.P. No.16135 of 2021
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For Petitioner(s): Mr.V.Illanchezian
For Respondent(s): Mr.C.Ramkumar
Standing Counsel for TANGEDCO
ORDER
The present writ petition is filed challenging the impugned order dat ed
02.02.2021 whereby petitioner's request for compassionate appointment was
rejected.
2. The challenge is primarily on the ground that the impugned
proceedings / order except to state that petitioner's request for compa ssionate
appointment is being rejected does not set out the reasons for rejecti on and thus
the impugned proceedings suffers from violation of principles of natural justice.
3. Petitioner is the daughter of the deceased employee Mr.Damodharan
who was appointed by the respondent as Record Clerk at Avinashi TNEB
Office. Petitioner's father died in harness on 16.06.1994. Petitioner's father died
leaving behind petitioner, her mother and her elder sister. Petitione r's father was
earlier married to one Mrs.Meera Devi who had a daughter. Soon after
petitioner's father had passed away, petitioner's mother applied for appointment
on compassionate ground before the 3rd respondent on 22.08.1994 followed by
another application before the 1st respondent followed by another applicati on
on 26.08.1995. There are certain disputes between the petitioner's fami ly and
https://www.mhc.tn.gov.in/judis
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the petitioner’s father’s first wife and her daughter which was resolved through
compromise in O.S.No.75 of 2004 before the District Munsif Court, however,
that may not be relevant for the purpose of disposing of the present writ
petition, thus not dealt with.
4. After the application was taken out by petitioner's mother in the year
1994-1995, another application was made by petitioner's elder sister someti me
in the year 2011, that was also kept pending. Petitioner filed an appl ication on
17.08.2015 on turning 15 years, that is three years before she attained maj ority.
The request by the petitioner was rejected. While it is true tha t the order of
rejection does not set out any reasons and normally this Court would have
remitted the matter back for fresh consideration, however, I woul d think it may
not be necessary to do so for the following reasons:
i) Firstly, remitting the matter back to the authorities may not serve any
purpose inasmuch as the petitioner may not be entitled to compassionate
appointment for more than one reason, in terms of the Board Standing O rder
dated 12.02.2025 in (Per.) FB TNPDCL Proceedings No.03 (Administrative
Branch), inasmuch as application ought to be made within a period of three
years from the date of death of the employee, petitioner was only 6 months old
when her father passed away.
ii) Secondly, there are three if not four application, submitted by m ore
than four persons, initially by petitioner's mother, thereafter by he r elder sister
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followed by the petitioner. When it comes to alternative application for
compassionate appointment, it would be covered by paragraph 9 of the Board
Standing Order (cited supra) which provides that alternative application must be
made within a period of one year from the date of submission of the init ial
application for appointment and it further provides that alternative application
is permitted to be made only once. Neither of these two conditions are satisfied
even if the application by the petitioner is to be treated as alternative application
inasmuch as the original application has been made by petitioner's mother,
followed by her elder sister.
5. This Court finds that the rejection by the respondents cannot be found
fault with.
6. In that view of the matter, the writ petition stands dismissed. No costs.
09-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
MKA
https://www.mhc.tn.gov.in/judis
W.P. No.16135 of 2021
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To:
1.The Chairman-cum-Managing Director
Tamil Nadu Electricity Generation and
Distribution Corporation Ltd,
No.144, Anna Salai, Chennai - 600 002.
2.The Chief Engineer (Personal)
Tamil Nadu Electricity Generation and
Distribution Corporation Ltd,
No.144, Anna Salai, Chennai - 600 002.
3.The Superintendent Engineer,
Tamil Nadu Electricity Generation and
Distribution, North Coimbatore Distribution Region,
Coimbatore - 12.
https://www.mhc.tn.gov.in/judis
W.P. No.16135 of 2021
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MOHAMMED SHAFFIQ J.
MKA
W.P. No.16135 of 2021
09-04-2026
https://www.mhc.tn.gov.in/judis