IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.07.2008 CORAM THE HON'BLE MR.JUSTICE S.NAGAMUTHU W.P.No.6508 of 2007 & M.P.No.1 of 2007 A.Saravanan . . Petitioner Vs 1.The Chairman Tamil Nadu Electricity Board, Anna Salai, Chennai-600 002. 2.The Chief Engineer (Personnel) Tamil Nadu Electricity Board, Anna Salai, Chennai – 600 002. 3.The Superintending Engineer, Tirupattur Electricity Distribution Circle, Tamil Nadu Electricity Board, Tirupattur 635 601, Vellore District. . . Respondents Writ Petitions filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus calling for the records of the third respondent impugned order in Ka.No.02255- 49/Ni.Pi2/Ni.Vu.2/Ko.Va.Ve/2007 dated 08.02.2007 and quash the same consequently directing the respondents to consider the petitioner for compassionate appointment in the respondent Board. For Petitioner : Mr.J.Saravana Vel for M/s.P.V. Bakthavatchalam For Respondents : Mr.V.Yamunadevi O R D E R Though the miscellaneous petition is listed today, by consent of both sides, the writ petition itself is taken up for final disposal. 2. One Mr.Ekambaram, was a wireman in the respondent's Tamil Nadu Electricity Board. He died on 06.08.2005. During his life https://hcservices.ecourts.gov.in/hcservices/ time, according to the petitioner, he adopted the petitioner as his adopted son. After the demise of Mr.Ekambaram, the petitioner made an application seeking for appointment on compassionate grounds. The third respondent by his proceedings in Ka.No.02255-49 /Ni.Pi2/Ni.Vu.2/Ko.Va.Ve/2007 dated 08.02.2007 rejected the same on the sole ground that as per the regulations of the Tamil Nadu Electricity Board, the adopted son is not entitled for appointment on compassionate grounds. Challenging the same, the petitioner has come forward with this petition. 3. Heard the learned counsel for the petitioner as well as the learned counsel for the respondents. 4. The learned counsel for the petitioner would submit that the petitioner made his claim for appointment on compassionate grounds in view of a Division Bench of this Court, wherein this Court had held that the term 'son' includes 'adopted son' also and therefore adopted son is also entitled for such compassionate ground appointment. However, the fact remains that on appeal preferred by the Tamil Nadu Electricity Board, the Honourable Supreme Court, has granted stay of the same thereby staying the judgment of this Court in W.A.No.3883 of 2004 dated 05.02.2007. In view of the stay granted by the Honourable Supreme Court, now, in my considered opinion, the petitioner cannot make any reliance on the judgment of the Division Bench. 5. At this juncture, the learned counsel for the petitioner would produce an amendment to Regulation 91 of Tamil Nadu Electricity Board Service Regulations dated 28.04.2007. In paragraphs 2 and 4 of the proceedings it has been stated as follows; "2. The provisions in the Tamil Nadu Electricity Board Service Regulations relating to the rule of reservations, age concessions and all other rules for appointment purposes are framed based on the provisions contained in the Tamil Nadu State and Sub-ordinate Services Rules. Therefore, it has been examined to make a provisions in the Tamil Nadu Electricity Board Service Regulations based on the Executive Orders issued in the Board's Proceedings third to fifth cited and also to extend the benefit to legally adopted sons and legally adopted daughters of the Board employee for considering appointment on compassionate grounds. After careful examination, the Tamil Nadu Electricity Board has resolved to introduce a separate https://hcservices.ecourts.gov.in/hcservices/ regulation to this effect in Tamil Nadu Electricity Board Service Regulations. 4. Accordingly, the Tamil Nadu Electricity Board hereby makes the following amendments to the Tamil Nadu Electricity Board Service Regulations:- AMENDMENTS (i) after sub-regulation(e) in regulation 91(2), the following regulation shall be inserted, namely:- "(ee) Age concession for appointment on Compassionate Grounds:- Notwithstanding anything contained in these Regulations, regarding the maximum age limit for appointment by direct recruitment, in the case of appointment on Compassionate grounds, the maximum age limit shall be 35 years in respect of the sons or the unmarried daughters and 50 years in respect of wife or husband of the Board employee, who died in harness while in service, or retired from service on medical invalidation before attaining the age of fifty three years as the case may be. Explanation 1 For the purpose of considering the maximum age limit, the date of death of the Board employee or the date of retirement on medical invalidation before he attains the age of fifty three years, as the case may be, shall be taken into account. Explanation 2:- The expression "sons and daughters" in this Regulation includes a widowed daughter, divorced daughter, or a married daughter deserted by her husband and living with the family of the deceased Board employee, a legally adopted son or a legally adopted daughter, whose adoption was made during the life time of the deceased Board employee. Provided that the widowed daughter or divorced daughter or a married daughter deserted by her husband and living with the family of the deceased Board employee shall not be eligible to avail the concession of appointment on compassionate grounds, unless they are nominated in writing by the window or widower of the deceased Board employee; https://hcservices.ecourts.gov.in/hcservices/ (II) in regulation 89, after sub- regulation (c, the following sub-regulation shall be inserted, namely:- "(cc) Notwithstanding anything contained in these regulations, the rule of reservation shall not apply to the appointment on compassionate grounds". Relying on this, the learned counsel for the petitioner would submit that as of now the petitioner, who is admittedly an adopted son, is entitled for appointment on compassionate grounds. But the learned counsel for the respondents would submit that such amendment would take only prospective effect. I am also of the opinion that the amendment will only have prospective operation. Applying the same, if the case of the petitioner is considered, as per the regulations, an application for appointment on compassionate ground should be made within three years from the date of death of an employee. In this case, Mr.Ekambaram died on 06.08.2005. Therefore, the petitioner is at liberty to make another application up to 05.08.2008. Thus, the petitioner has got still, enough time to make a fresh application. So, as per the amended regulations, the petitioner is entitled for compassionate ground appointment provided he satisfies the other requirement as per the regulations. To put it otherwise, it is made clear that on the ground that the petitioner is the adopted son of Mr.Ekambaram, his request for compassionate ground appointment should not be rejected. 6. In the result, the writ petition is disposed of with a liberty to the petitioner to make a fresh application within two weeks from the date of receipt of a copy of this order. If any such application is made, the respondents shall consider the same as per the amended regulations as indicated about and give the petitioner appointment on compassionate grounds provided he satisfies the other requirements as per the regulations. No costs. Consequently, the connected miscellaneous petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ jikr To 1.The Chairman Tamil Nadu Electricity Board, Anna Salai, Chennai-600 002. 2.The Chief Engineer (Personnel) Tamil Nadu Electricity Board, Anna Salai, Chennai – 600 002. 3.The Superintending Engineer, Tirupattur Electricity Distribution Circle, Tamil Nadu Electricity Board, Tirupattur 635 601, Vellore District. +1cc to M/s.V.Yamuna Devi,Advocate Sr 40384 +1cc to Mr.J.Saravana Vel, Advocate Sr 39824 PUR (CO) km/31.7. W.P.No.6508 of 2007 https://hcservices.ecourts.gov.in/hcservices/