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Madras High CourtWP/22423/2025dismissed

S.Deepa v. The Secretary To Government

2025-06-24Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN S.Deepa ... Petitioner Vs.

1.The Secretary to Government, Labour and Employment Department, Tamil Nadu Secretariat, Fort. St. George, Chennai - 600 009.

2.The Secretary to Government, Human Resources (2) Management Department, Tamill Nadu Secretariat, Fort. St. George, Chennai - 600 009.

3.The Secretary, Commercial Tax and Registration Department, Tamil Nadu Secretariat, Fort. St. George, Chennai - 600 009.

4.The Public Information office (P.I.O.) Under Secretary to Government, Commercial Tax and Registration Department, Tamil Nadu Secretariat, Fort. St. George, Chennai - 600 009.

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5.The Commissioner, Tamil Nadu Government, Stationary and Printing, No.110, Anna Salai, Chennai-600 002.

6.The Director Tamil Nadu Government, Stationary and Printing, Anna Salai, Chennai-600 002.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent pertaining to appoint in the post an compassionate ground and pass such further or other others on the basis of representation dated 01.05.2022. For Petitioner : Mr.V.Ramalingam For Respondents : Mr.G.Nanmaran Special Government Pleader

O R D E R

By consent of both the learned counsel for the parties, the Writ Petition is taken up for final disposal, at the admission stage itself.

2. The instant writ petition has been filed with a prayer for issuing a Mandamus, directing the 1st respondent pertaining to appoint in the post an compassionate ground and pass such further or other others on the basis of representation dated 01.05.2022.

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3. Heard the learned counsel for both sides and perused the materials available on record.

4. The learned counsel appearing for the petitioner would submit that her father-Dhanasekaran worked at the Office of the Stationery and Printing as Assistant. Whileso, he died during 1997. After that, her brother was given Compassionate Appointment on 04.12.2001. It is the submission of the petitioner that on account of matrimonial discord, her brother D.Dhinakaran died. Hence, the petitioner seeks compassionate ground appointment for the death of her father, whose death took place during 1997.

5. The learned Special Government Pleader appearing for the respondents would strongly object the contention of the petitioner and would submit that the compassionate appointment is an exception to Article 14 of the Constitution of India in public employment. Therefore, unless the petitioner satisfies the conditions stipulated in the guideline, she is not entitled for any compassionate ground appointment. 3/6

6. I have given my anxious consideration to the submissions made on either side.

7. From the perusal of the submission of the petitioner, it reveals that the petitioner seeking a compassionate ground appointment, though after the demise of his brother-D.Dhinakaran, qua earlier compassionate appointee, virtually she seeks compassionate appointment of her father, who died during 1997. As rightly contended by the learned Special Government Pleader for the respondents that claiming compassionate appointment after three decades that too 2nd time is in contravention to the guidelines and against very objective of the compassionate appointment. Hence, this Court do not find any merits in the present writ petition.

8. In the result, the Writ Petition is dismissed. No costs. 24.06.2025 dm Index : Yes/No Speaking order 4/6

To 1.The Secretary to Government, Labour and Employment Department, Tamil Nadu Secretariat, Fort. St. George, Chennai - 600 009.

2.The Secretary to Government, Human Resources (2) Management Department, Tamill Nadu Secretariat, Fort. St. George, Chennai - 600 009.

3.The Secretary, Commercial Tax and Registration Department, Tamil Nadu Secretariat, Fort. St. George, Chennai - 600 009.

4.The Public Information office (P.I.O.) Under Secretary to Government, Commercial Tax and Registration Department, Tamil Nadu Secretariat, Fort. St. George, Chennai - 600 009.

5.The Commissioner, Tamil Nadu Government, Stationary and Printing, No.110, Anna Salai, Chennai-600 002.

6.The Director Tamil Nadu Government, Stationary and Printing, Anna Salai, Chennai-600 002.

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C.KUMARAPPAN, J.

dm 24.06.2025 6/6