Sasikala v. The Director General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2025 CORAM :

THE HONOURABLE MR. JUSTICE K.KUMARESH BABU Sasikala

...Petitioner

-Vs1. The Director General of Police, Mylapore, Chennai.

2. The Commissioner of Police, Tirunelveli City, Tirunelveli.

...Respondents

Prayer : Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus calling for the records in Na.Ka.No.A4/E-11301199/2025 dated 06.08.2025 passed by the 2nd respondent quash the same and consequently direct the 1st respondent to appoint the petitioner on compassionate ground by considering the petitioner representation dated 03.02.2010.

For petitioner : M/s.C.Geetha For Respondents : M/s.F.Deepak Speical Government Pleader 1/4

ORDER

This writ petition is filed challenging the order passed by the 2nd respondent in Na.Ka.No.A4/E-11301199/2025 dated 06.08.2025 and seeking consequential direction to the 1st respondent to appoint the petitioner on compassionate ground by considering the petitioner representation dated 03.02.2010.

2. The learned learned Counsel appearing for the petitioner would submit that as per Section 58 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 (hereinafter referred to as 'the Act'), the Government has powers to relax the qualifications for appointment. He would further submit that the condition of 40 years is contrary to the Act and also the reason for which the policy of Compassionate Appointments are being made. Hence, he would submit that the petitioner may be permitted to make a representation by invoking the powers of the Government under Section 58 of the Act, seeking for relaxation and that when such representation is made, the first respondent should consider the representation of the petitioner and thereafter the claim of the petitioner for compassionate appointment can also be considered. 2/4

3. Acceding the request made by the learned Counsel appearing for the petitioner, this writ petition is disposed of with a direction to the petitioner to submit a representation within a period of four weeks from today(22.10.2025), seeking relaxation by invoking the powers of the Government under Section 58 of the Act and when such representation is made, the first respondent shall consider the said representation as per the principles laid down for compassionate appointment and pass appropriate orders within a period of four weeks thereafter and if any order is passed in favour of the petitioner, consider the claim of the petitioner for compassionate appointment within a period of eight weeks thereafter.

4. With the above direction, this Writ Petition is disposed of. No costs.

22.10.2025 Index : Yes/No Speaking/Non-Speaking order gvn 3/4

K.KUMARESH BABU, J.

gvn To

1. The Director General of Police, Mylapore, Chennai.

2. The Commissioner of Police, Tirunelveli City, Tirunelveli.

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