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Madras High CourtWP/31740/2023dismissed

G.Muniyappan v. The State Of Tamilnadu

2026-03-05Honourable Mr.Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-03-2026

CORAM

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P. No.31378 of 2023 G.Muniyappan S/o.Late Govindan, 47, Rangasamy Street, Paapparapatti, Pudupettai, Krishnagiri- 635 001.

..Petitioner(s) Vs

1. The State of Tamilnadu Rep. by its Secretary to Government, Municipal Administration Department, Fort St. George, Chennai- 600 009.

2. The Commissioner of Municipal Administration, Municipal Administration Department, Ezhilagam Annex, 6th Floor, Chepauk, Chennai- 600 005.

3. The Regional Director, Municipal Administration (RDMA) Shree Krishna Rajendra Sundaram Complex, Arisipalayam, Salem- 636 009.

4. The Commissioner, Krishnagiri Municipality, Krishnagiri.

..Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorarified Mandamus for the records relating to the impugned order of the 3rd Respondent dated 04.07.2022 in Na.Ka.No.27670/

2022/A4 and to quash the same and consequently direct the respondents to grant compassionate appointment the Petitioner for the death of Petitioner Father Late Govindan forthwith.

For Petitioner(s):

Mr.C.Prabakaran For Respondent(s):

Mr.G.Ameedius Government Advocate (for R1 to R3) Mr.B.Anand (for R4)

ORDER

The present writ petition is filed challenging the impugned order of the 3rd respondent dated 04.07.2022, whereby petitioner's request for compassionate appointment was rejected on finding that the petitioner being 47 years old at the time of applying was not eligible for appointment.

2. At the outset, it is submitted by the learned counsel for respondents that G.O.Ms.No.18, Labour and Department dated 23.01.2020, prescribed the maximum age limit for appointment on compassionate ground as 40 years for legal heirs/ near relatives of the deceased Government Servant at the time of applying. Admittedly, petitioner was 47 years old at the time of applying and presently about 52 years. It is thus submitted by the learned counsel for respondents that petitioner would not be eligible for being considered for compassionate appointment in terms of the above G.O.Ms.No.18 dated 23.01.2020.

3. Learned counsel for petitioner would submit that the father was the sole bread winner and his request ought to have been considered.

4. This Court finds merit in the submission of the learned counsel for respondents that the above request cannot be acceded to inasmuch as admittedly petitioner was 47 years old at the time of application and hence ineligible for compassionate appointment in terms of G.O.Ms.No.18 dated 23.01.2020.

5. Accordingly, the writ petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed. 05-03-2026 Index: Yes/No Speaking/Non-speaking order MKA To:

1. The Secretary to Government, Municipal Administration Department, Fort St. George, Chennai-600 009.

2. The Commissioner of Municipal Administration, Municipal Administration Department, Ezhilagam Annexe, 6th Floor, Chepauk, Chennai- 600 005.

3. The Regional Director, Municipal Administration (RDMA), Shree Krishna Rajendra Sundaram Complex, Arisipalayam, Salem-636 009.

4. The Commissioner, Krishnagiri Municipality, Krishnagiri.

MOHAMMED SHAFFIQ J.

MKA 05-03-2026