R.Bharathiraja v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 18/06/2026

CORAM

THE HON'BLE MR. JUSTICE MUMMINENI SUDHEER KUMAR R.Bharathiraja ... Petitioner Vs.

The Managing Director, Tamil Nadu State Transport Corporation, Kumbakonam Limited, No.27, Railway Station Road, Kumbakonam-612 001.

... Respondent PRAYER:- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a WRIT OF MANDAMUS directing the respondent to appoint the petitioner in the respondent corporation under the compassionate ground on the base of the petitioner representation dated 05.08.2025 within the time the stipulated time of period fixed by this Court.

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For Petitioner : Mr.K.Gokul For Respondents : Mr.S.C.Herold Singh

ORDER

This writ petition has been filed seeking a writ of mandamus directing the respondents to appoint the petitioner in the respondent Corporation under the compassionate ground on the base of the petitioner's representation dated 05.08.2025 within a stipulated time.

2. The case of the petitioner is that his father by name, Late Rajendran, who worked as Senior Grade Driver in the respondent Corporation expired on 02.01.2003 while in service. In view of the same, the petitioner's mother has submitted an application mentioning the petitoner's name for compassionate appointment. But the respondents have not taken any action on the application submitted by the petitioner's mother and no compassion appointment has been provided for the past sixteen years. Hence, the petitioner approached this Court by filing the present writ petition.

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3. In response to the notice issued by this Court, the respondents entered appearance through counsel and submitted that the claim of the petitioner was already considered by the respondents and he was found eligible for compassionate appointment and accordingly, his name was entered in the register at serial number 27 and he would be provided with appointment as and when his turn comes up for consideration.

4. It is further submitted that in terms of the orders issued by the Government in G.O.(Ms.)No.33, Labour Welfare and Skill Development (Q1) Department, dated 08.03.2023, whereby it is mentioned that at any point of time, the persons appointed on compassionate ground shall not exceed 5% of the total sanctioned strength. Because of the same restriction imposed under Rule 12 of the Rules, the respondent Corporation could not provide compassion appointment to all the dependents immediately on the demise of the employees. Thus, it is submitted that the petitioner would be provided with appointment as and when his turn comes up for consideration.

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5. In the light of the above, there cannot be any mandamus directing the respondents to provide compassionate appointment contrary to the scheme governing the field.

6. In the circumstances, this writ petition is disposed of duly placing on record the contentions raised by the respondent Corporation and directing the respondents to provide with the compasionate appointment to the petitioner as and when his turn comes up for consideration. No costs.

18.06.2026 NCC : Yes/No Index : Yes/No Internet : Yes/No CM TO The Managing Director, Tamil Nadu State Transport Corporation, Kumbakonam Limited, No.27, Railway Station Road, Kumbakonam-612 001.

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MUMMINENI SUDHEER KUMAR,J CM WP(MD) No.15292 of 2026 Date : 18/06/2026 5/5