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Madras High CourtWP(MD)/1397/2025disposed of

Chinnasamy v. The District Collector

2025-06-03Honourable Mr.Justice Vivek Kumar Singh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD) No.1397 of 2025 Chinnasamy : Petitioner Vs.

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Assistant Director of Rural Development, Virudhunagar District, Virudhunagar.

3. The Block Development Officer, Madavarvilagam Union, Srivilliputhur Taluk, Virudhunagar District.

4. The Panchayath Secretary, P.Ramachandrapuram Panchayat, Virudhunagar District.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents to take into account of petitioners deceased father Govindaraj service of 20 years in the cadre of overhead tank operator in the 4th Respondent Panchayat and consider the same and appoint the petitioner as a overhead tank operator in the 4th Respondent Panchayat on Compassionate ground on the basis of his representation dated 23.12.2024 and 04.01.2025. 1/5

For Petitioner : Mr. T.Indrachithu For Respondents : Mr.K.Balasubramani Special Government Pleader for R1 to R4

O R D E R

The writ petition has been filed for the issuance of a writ of Mandamus, directing the respondents to take into account the service of the petitioner's deceased father, Govindaraj, who served for 20 years in the cadre of Overhead Tank Operator in the fourth respondent Panchayat, and to consider appointing the petitioner as an Overhead Tank Operator in the said Panchayat on compassionate grounds, based on his representations dated 23.12.2024 and 04.01.2025.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing on behalf of the respondents.

3.The case of the petitioner is that his father, Late Mr.V. Govindaraj, was employed as an Overhead Tank Operator under the fourth respondent and passed away on 07.12.2024, leaving behind the 2/5

petitioner, along with his mother and sisters, as his legal heirs. Therefore, the petitioner is entitled to be considered for compassionate appointment, in addition to receiving the service benefits due to the deceased.

4. The learned Special Government Pleader, on instructions, submitted that with regard to the claim for compassionate appointment, the petitioner is not eligible, as his father was serving on a consolidated pay basis and not in a regular post.

5. In view of the submission made by the learned Special Government Pleader that the petitioner's father was serving only on a consolidated pay basis and not in a regular post, the petitioner is not eligible for compassionate appointment. Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs. 03.06.2025 Index : Yes / No Internet : Yes / No PKN 3/5

To

1. The District Collector, Virudhunagar District, Virudhunagar.

2. The Assistant Director of Rural Development, Virudhunagar District, Virudhunagar.

3. The Block Development Officer, Madavarvilagam Union, Srivilliputhur Taluk, Virudhunagar District.

4. The Panchayath Secretary, P.Ramachandrapuram Panchayat, Virudhunagar District.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.1397 of 2025 03.06.2025 5/5