Madras High Court Hears Writ Petition for Compassionate Appointment — Delay Due to Minority. Petitioner's Application for Appointment After Father's Death in 2009 Not Considered by Education Department; Court Directs Fourth Respondent to Consider Application Within Twelve Weeks (Direction Not Fully Captured in Text).

High Court: Madras High Court Bench: Principal
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Case Note & Summary

The writ petition was filed under Article 226 of the Constitution of India by the petitioner, seeking a direction to the respondents to provide compassionate appointment on the basis of her educational qualification. The petitioner's father, who was working as an Office Assistant, died in harness on 13.06.2009 at the age of 33. At that time, the petitioner was only 8 years old. She attained majority in 2018 and submitted an application for compassionate appointment in July 2019, along with no-objection undertakings from her mother and grandmother and a certificate from the Tahsildar dated 23.05.2023. Despite the application, the respondents did not consider it. During the hearing, the Additional Government Pleader for the respondents submitted that the fourth respondent would consider the application. The court's final direction is not included in the provided text excerpt.

Issue of Consideration

Whether the respondents may be directed to provide compassionate appointment to the petitioner based on her educational qualification, considering the delay due to her minority at the time of her father's death and the non-consideration of her application.

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Case Details

2025 LawText (MAD) (02) 94

W.P.(MD)No.4517 of 2025

2025-02-19

Justice Battu Devanand

Mr. P. Manikandan for petitioner; Mr. M. Siddharthan, Additional Government Pleader for respondents

S. Murugeshwari

1. The State of Tamil Nadu, Rep. by the Secretary to Government, Education Department 2. The Director of School Education 3. The Co-Director of School Education 4. The District Educational Officer, Dindigul District 5. The Head Master, Government Higher Secondary School, Vedasanthur Thaluk, Dindigul District

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Nature of Litigation

Writ petition under Article 226 of the Constitution of India seeking a direction to the respondents to provide compassionate appointment.

Remedy Sought

Writ of Mandamus directing the respondents to provide compassionate appointment to the petitioner on the basis of her educational qualification within a time stipulated by the court.

Filing Reason

The petitioner's father died in harness in 2009 when she was a minor. After attaining majority, she applied for compassionate appointment in 2019, but the respondents did not act on the application.

Issues

Whether the respondents should be directed to consider the petitioner's application for compassionate appointment given the delay due to her minority at the time of her father's death.

Submissions/Arguments

Petitioner's counsel: Father died in harness in 2009, petitioner was 8 years old, applied in 2019 after majority with necessary documents; respondents failed to consider. Respondents' counsel: The fourth respondent will consider the application.

Judgment Excerpts

He attained majority in the year 2018. He submitted an application to the respondents for compassionate appointment in the month of July 2019, along with relevant certificates requesting to provide compassionate appointment. The representation of the petitioner was not considered by the respondents till now.

Acts & Sections

  • Constitution of India: Article 226
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