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Madras High Court/792/2026dismissed

The State Of Tamil Nadu v. Rajakala Devi

2026-04-02Honourable Mr Justice R. Suresh Kumar,Honourable Mr.Justice N.Senthilkumar6 pages

IN THE HIGH COURT of JUDICATURE AT MADRAS

DATED: 02-04-2026

CORAM

THE HON'BLE MR JUSTICE R. SURESH KUMAR and THE HON'BLE MR.JUSTICE N.SENTHILKUMAR and CMP No. 8196 of 2026

1. The State of Tamil Nadu Rep. by its Secretary to Government, Public Department, Fort St. George, Chennai 9.

2. The Secretary to Government Human Resources Management Department, Fort St. George, Chennai 009 ..Appellant(s) Vs

1. Rajakala Devi W/o.Late R.Kumaravelu, No.41, Teachers Colony Nagar, K.S.Palayam post, Perundurai Taluk, Erode District.

2. R.K.Shankar Srikanth S/o.Late R.Kumaravelu No.41, Teachers Colony Nagar K.S.Palayam post, Perundurai Taluk, Erode District.

..Respondent(s)

Prayer: Appeal filed under clause 15 of Letters Patent to set aside the order dated 13.2.2025 made in WP.No. 31958/2023.

For Appellant(s):

Mr.S.Yashwanth Additional Government Pleader For Respondent(s):

- Judgment (Judgment of the Court was delivered by N.Senthilkumar J.) This intra court appeal has been filed challenging the order passed by the Writ Court in WP.No. 31958/2023 dated 13.2.2025. 2.In view of the order that is going to be passed in this Appeal at the admission stage, notice to the respondents is dispensed with. 3.The case of the respondents/writ petitioners is that the husband of the 1st petitioner viz., Mr.R.Kumaravelu, who was serving as Under Secretary to Government in the Public (Election) Department died on 17.04.2011, leaving behind the respondents. After his demise, the 1st respondent/1st writ petitioner applied for compassionate appointment on 11.05.2011. Thereafter, she met with an accident, suffered a head injury, and her health deteriorated. The

appellants, through letters dated 10.08.2011, 10.09.2011, 02.11.2011, 27.07.2012, 18.11.2013 and 08.05.2014, called upon the 1st Respondent to submit original certificates to process her application for compassionate appointment. Due to her medical condition, she could not comply with the same. The 1st respondent has approached the appellant vide letter dated 24.10.2013 requesting post of a teacher or consider to appoint her son/2nd respondent on compassionate ground, the same was rejected and a request was made to submit documents through letter dated 18.11.2013 and she failed to do so. Thereafter, by letter dated 08.08.2014, she was intimated that her application was not processed for want of documents.

After attaining majority, the 2nd petitioner who is the son of deceased, submitted a representation seeking compassionate appointment on 28.06.2017. The said request was rejected on the ground that the said application was not made within a period of three years from the date of death of the government servant. 4.The Writ Court, upon considering the facts and circumstances of the case, observed that the 1st respondent/writ petitioner had submitted her application well within the prescribed period of three years as per G.O. Ms. No.18 dated 23.01.

consider the claim of the respondents/writ petitioners in the light of G.O.Ms.No.33 dated 08.03.2023.

5.The very object of providing compassionate appointment is to reduce the financial hardship faced by the family of a deceased Government employee upon the demise of their sole breadwinner. The Writ Court has rightly taken into account the genuine circumstances of the respondents/writ petitioners, which is a medical ground and that factum rightly considered by the writ Court. We find no reason to interfere with the order passed by the Writ Court. 6.Accordingly, the writ appeal is dismissed, with a direction to the appellants to comply with the order of the Writ Court, within a period of two months from the date of receipt of a copy of this judgment. No costs. Consequently, the connected miscellaneous petition is closed. (R.S.K.,J.) (N.S.,J.) 02-04-2026 Index: Yes/No Speaking/Non-speaking order sai

To 1.Rajakala Devi W/o.Late R.Kumaravelu, No.41, Teachers Colony Nagar, K.S.Palayam post, Perundurai Taluk, Erode District.

2.R.K.Shankar Srikanth S/o.Late R.Kumaravelu No.41, Teachers Colony Nagar K.S.Palayam post, Perundurai Taluk, Erode District.

R.SURESH KUMAR J.

and N.SENTHILKUMAR J.

sai and CMP No. 8196 of 2026 02-04-2026