Namasivayam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN Namasivayam ...Appellant /Vs./

1. The District Collector, O/o. District Collectorate, Trichy District, Trichy.

2. The Thasildar, Thottiam Taluk, Trichy District.

...Respondents

PRAYER:- Writ Appeal - filed under Clause XV of Letters Patent Act, to set aside the order made in W.P.(MD)No.10926 of 2023 dated 12.06.2024 on the file of this Court and allow the Writ Appeal. For Appellant : Mr.S.Muthukrishnan for Ms.J.Madhu For Respondents : Mr.D.Sadiq Raja Additional Government Pleader 1/6

JUDGMENT

(Judgment of the Court was made by DR.ANITA SUMANTH, J.) The writ petitioner is the appellant. Challenge in the writ petition was to the proceedings dated 09.09.2022 rejecting the request of the petitioner for compassionate appointment.

2. We have heard the submissions of Mr.S.Muthukrishnan, learned counsel for the appellant and Mr.D.Sadiq Raja, learned Additional Government Pleader for the respondents.

3. Father of the appellant was one Gurunathan, who had passed away on 24.06.2009. The mother of the appellant sought compassionate appointment on 17.08.2010 for the sister of the appellant and that request had been rejected on 23.02.2016 on the ground that when the application had been made, the appellant's sister was a minor and that order has not been challenged.

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4. While so, the appellant attained majority in 2022 and sought compassionate appointment in place of his father, which application was rejected, as against which, the writ petition was instituted. The learned Judge had dismissed the writ petition on the ground that the order dated 23.02.2016 had not been challenged.

5. We are of the view that the request of the appellant is not liable to be acceded to, as the demise of his father in 2009 does not comprise a continuous cause of action or entitlement for compassionate appointment.

6. The grant of compassionate appointment is governed by G.O.Ms.No.18, Labour and Employment (Q1) Department, dated 23.01.2020, which provides for a time limit of three years, from the date of demise of the government servant, within which the application seeking compassionate appointment should be preferred.

7. In the present case, the application of the appellant had been made only in 2022, premised on the demise of his father, which was in 2009. That apart, the intervening application made by the appellant's mother on behalf of his sister came to be dismissed, which order has also 3/6

attained finality.

8. In the light of the discussion as above, we do not see any merit in this writ appeal that is dismissed. No costs. [A.S.M.J.,] & [C.K.J.,] 14.10.2025 NCC :Yes/No Index :Yes/No Internet :Yes sm 4/6

TO:-

1. The District Collector, O/o. District Collectorate, Trichy District, Trichy.

2. The Thasildar, Thottiam Taluk, Trichy District.

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DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

sm Order made in Dated:

14.10.2025 6/6