Amala Suji v. The Commssioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.22508 of 2025 and W.M.P.(MD) No.17614 & 17615 of 2025 Amala Suji : Petitioner Vs.
1. The Commissioner, Directorate of Rural Development and Panchayat Raj Department, Secretariat, Chennai - 600 009.
2. The District Collector, Kanniyakumari District at Nagercoil
3. The Assistant Director, Village Panchayat, Collectorate, Nagercoil, Kanniyakumari District.
4. The Block Development Officer, Village Panchayat, Thiruvattar Panchayat Union, Thiruvattar, Kanniyakumari District.
5.G.Anisha Gandhi : Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus calling for the records pertaining to proceedings in A1/3429/2024 dated 08.07.2025 passed by the 4th respondent and to quash the same and consequently to 1/6
direct the respondents 1 to 4 to appoint the petitioner on compassionate grounds in any suitable post, to which she is eligible and found suitable to the qualification of the petitioner, by considering the representation of the petitioner dated 10.06.2025, within a specified period that may be fixed by this Court.
For Petitioner : Mr.G.Aravindan for M/s.Arun Legal Consultancy For Respondents : Mr.K.Balasubramanian (R1 to R3) Special Government Pleader Ms.D.Farjana Ghoushia (R4) Special Government Pleader
ORDER
This writ petition has been filed challenging the proceedings issued by the 4th respondent dated 08.07.2025 in A1/3429/2024 and consequently seeking to direct the respondents 1 to 4 to appoint the petitioner on compassionate grounds in any suitable post, to which she is eligible and found suitable to the qualification of the petitioner, by considering the representation of the petitioner dated 10.06.2025, within a specified period that may be fixed by this Court. 2/6
2. Since no adverse order is proposed to be passed in this writ petition, notice to the fifth respondent is dispensed with and this writ petition is taken up for final disposal at the stage of admission itself.
3. The petitioner is the sister of the deceased, who employed as Office Assistant in the fourth respondent office and died in harness. After his demise, the petitioner made a representation seeking compassionate appointment. However, the same was rejected vide the impugned order. Challenging the same, this writ petition came to be filed.
4. The learned counsel appearing for the petitioner would submit that the wife of the deceased, who is the fifth respondent herein refused to give consent to the petitioner for compassionate appointment, since there was a matrimonial discard between the petitioner's deceased brother and the fifth respondent and hence, seeking no objection from the fifth respondent is unsustainable one. Therefore, he seeks for quash of the impugned order.
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5. The learned Special Government Pleader appearing for the official respondents would submit that the petitioner is not falling under the Class-I legal heir under the succession law and therefore, the petitioner is not entitled for appointment on compassionate grounds.
6. In view of the fact that the petitioner is a Class-II legal heir as far as the deceased employee is concerned, the scheme of compassionate appointment cannot be extended to her. Thus, there is no infirmity in the impugned order.
7. For all these reasons, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 19.08.2025 Index : Yes / No NCC : Yes / No Sm 4/6
To:-
1. The Commissioner, Directorate of Rural Development and Panchayat Raj Department, Secretariat, Chennai - 600 009.
2. The District Collector, Kanniyakumari District at Nagercoil
3. The Assistant Director, Village Panchayat, Collectorate, Nagercoil, Kanniyakumari District.
4. The Block Development Officer, Village Panchayat, Thiruvattar Panchayat Union, Thiruvattar, Kanniyakumari District.
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M.DHANDAPANI, J.
Sm W.P.(MD) No.22508 of 2025 19.08.2025 6/6