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Madras High CourtWA/2177/2023dismissed

R.Ganeshraj v. The Commissioner Of Municipal Administration

2026-06-08Honourable Mr Justice S. M. Subramaniam,Honourable Mrs.Justice R. Kalaimathi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-06-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MRS.JUSTICE R. KALAIMATHI R.Ganeshraj ..Appellant(s) Vs

1. The Commissioner Of Municipal Administration Chepauk, Chennai 600 005.

2. The Commissioner Mayiladuthurai Municipality, Nagapattinam District.

..Respondent(s) Writ Appeal filed under Clause 15 of the Letters Patent issuing writ of certiorarified mandamus to set aside the order passed by this Court in WP.No.34496 of 2019 dated 12.12.2019.

For Appellant(s):

Mr.A.R.Suresh For Respondent(s):

Mrs.A.Suganya Government Counsel

JUDGMENT

(Judgment of the Court was delivered by S.M.Subramaniam J.) The present intra-court writ appeal has been instituted to set aside the order passed by this Court in WP.No.34496 of 2019 dated 12.12.2019.

2. Writ Court made a finding in the impugned order that as per records, the age of the appellant was 42 years as on the date of disposal of the writ proceeding. Appellant submitted an application seeking compassionate appointment in the year 2014, soon after the death of his mother. Even at that point of time, he was aged about 38 years. Presently, appellant would be around 48 years and crossed the age limit prescribed for Government appointment. That apart, Writ Court considered the fact that petitioner possibly would have employed elsewhere to lead his family life. Long delay in providing the appointment is also a ground to reject the application, since there will not be any nexus to establish penurious or indigent circumstances occurred due to the death of deceased employee.

3. Reasoning given by the Writ Court in order impugned is in consonance with the established principles of law and compassionate appointment being a concession cannot be claimed as an absolute right.

4. Accordingly, the order made in WP.No.34496 of 2019 dated 12.12.2019 is confirmed and the writ appeal stands dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (R.K.M.,J.) 08-06-2026 Index: Yes/No Speaking/Non-speaking order GD

To

1. The Commissioner Of Municipal Administration Chepauk, Chennai 600 005.

2. The Commissioner Mayiladuthurai Municipality, Nagapattinam District.

S.M.SUBRAMANIAM, J.

AND R.KALAIMATHI, J.

GD 08-06-2026