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Madras High CourtWP/11935/2026dismissed

Saranya v. The Secretary

2026-04-01Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-04-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA and WMP No.13026 of 2026 Saranya D/o. Mr. Velayutham (Late), No.1254 South Street, Muthandikuppam Village Panruti Taluk, Cuddalore District.

..Petitioner(s) Vs

1. The Secretary, Transport Department, Secretariat, St. George Fort, Rajaji Salai, Chennai-600 009.

2. The Managing Director, Tamil Nadu State Transport Corporation, Villupuram.

..Respondent(s) PRAYER: Writ Petition has been filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus to direct the 1st Respondent to call for the entire recordS relating the impugned order passed by the 2nd Respondent in Ka. No.45/121/NI2/Tha.Na.Po.(V)2023 dated 15.10.2025 and another impugned order Ka.En.45/121/Ni2/Tha.Na.aa.Po.Kavi 2023 on 30.11.2025 passed by the 2nd Respondent to quash the same and consequently direct the 2nd respondent to appoint the petitioner on ground of compassionate appointment.

For Petitioner(s):

Mr.M.Anandhan For Respondent(s):

Mr.P.Balathandayutham, SGP for R1 Ms.S.Pavithra for R2

ORDER

The petition has been filed to quash the impugned order passed by the 2nd Respondent in Ka. No.45/121/NI2/Tha.Na.Po.(V)2023 dated 15.10.2025 and another impugned order Ka.En.45/121/Ni2/Tha.Na.aa.Po.Kavi 2023 on 30.11.2025 and consequently direct the 2nd respondent to appoint the petitioner on ground of compassionate appointment.

2. The petitioner's father died on 13.10.2013 while he was serving as a Driver in the respondent Corporation. After his death, the petitioner's elder brother made an application for compassionate appointment. Being an engineering graduate, he was not willing to take job as Conductor. Therefore, he gave his consent letter to the second respondent to substitute the name of the petitioner in his place. However, the petitioner's alternate application for compassionate appointment was not considered by the respondents. Aggrieved by the same, the petitioner is before this Court.

3. Heard the learned counsel on either side and perused the materials available on record.

4. A perusal of the documents and affidavit filed in support of this petition would show that after the death of the employee Velayudham on 13.10.2013, his son Saravanan had applied for Compassionate Appointment on 06.10.2021 nearly eight years after his father's death. Since he was informed that he would be only considered for the post of Conductor, the said Saravanan who is an Engineering Graduate was not willing to take the said job and he had also gave a letter dated 25.11.2024 to that effect. In the said letter, he had requested that the compassionate appointment be considered in favour of the petitioner. The alternate appointment had been sought for nearly 11 years after the death of the said Velayudham and three years after the petitioner's brother had submitted his application for compassionate appointment.

5. From the fact that the family had not chosen to seek compassionate appointment for nearly eight years and that the petitioner's brother had turned down the offer of compassionate appointment, it is clear that the petitioner's family is not in any indigent circumstances. Further, the request for alternate application can be made only if the first applicant had died after applying for the compassionate appointment and such alternate application would be subject to the conditions prescribed for compassionate appointment. In the case on hand, the petitioner's brother who had made the initial application eight years after the death of the father is very much alive and the alternate application has been made only eleven years after the death and three years one month after the

application made by the petitioner's brother. In these circumstances, I see no reason to interfere with the impugned order passed by the respondents. Accordingly, the writ petition is dismissed. Connected miscellaneous petition stands closed. No costs.

01-04-2026 Index: Yes/No Speaking/Non-speaking order ssa

P.T.ASHA, J.

ssa To 1.The Secretary, Transport Department, Secretariat, St. George, Fort, Rajaji Salai, Chennai-600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation, Villupuram.

01-04-2026