Madras High Court
WP/33187/2023 of B.DHANUSH RAAMKESH Vs THE JOINT REGISTRAR OF CO-OP SOCIETIES on 14 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
WP No. 33187 of 2023
CNR: {HCMA012091712023}
B.Dhanush Raamkesh
..Petitioner(s)
Vs
1. The Joint Registrar of Co-op Societies Krishnagiri Region, Krishnagiri District
2. The Deputy Registrar of Cooperative Societies Hosur Circle, Krishnagiri District
3. The Management of S.527, Kelamangalam Agricultural Producers Co-op Marketing Society Limited Rep. By Its Administrator Kelmangalam Denkanikottai Taluk, Krishnagiri District 635
..Respondent(s)
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus to call for the records relating to the impugned order passed in Na.Ka. 2001/ 2023 /Pu.Ve. dated 16.11.2023 passed by the 2nd respondent herein and quash the same and consequently direct the Respondent Nos.1 to 3 to consider the petitioner’s application dated 27.09.2023
for compassionate appointment in the 3rd respondent society within stipulated time period.(PRAYER AMENDED AS PER ORDER DATED 04.02.2025 IN
WMP.35245/2023 in WP.33187/2023)
For Petitioner(s):
Mr.M.Vijayaragavan
For Respondent(s):
Mr.AR.Balaji for R1 and R2
Government Advocate
R3- No appearance
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ORDER
The present writ petition has been filed seeking issuance of writ of certiorarified mandamus challenging the impugned order dated 16-11-2023 passed in Na.Ka.2001/2023/Pu.Ve by the 2nd respondent herein and direct the respondents 1 to 3 to consider the petitioner’s application dated 27.09.2023 for compassionate appointment in the 3rd respondent society within stipulated time fixed by this Court.
2. The learned counsel for the petitioner submitted that the petitioner's father Late.Mr.B.V.Balaji was appointed as ration shop salesman on 31.12.1993 in the 3rd respondent society and received a monthly salary of Rs.26,000/-. While so, he died on 19-01-2023 due to road accident while he was in service. Immediately after the death of the petitioner's father, the petitioner has given a request for compassionate appointment on 07-09-2023. Since there was no action on the part of the respondents, the petitioner preferred a writ petition in W.P.No.4571 of 2023 before this Court to consider his representation. While so, during the pendency of the writ petition, the respondents rejected the request made by the petitioner vide impugned order 16-11-2023.
3. The learned counsel for the petitioner further submitted that the very rejection order states that the petitioner is an employee who was irregularly appointed besides that there are no reason. It is his submission that according to the certificate issued by the respondents, the petitioner was in a timescale of pay and he was provided with all the allowances. Therefore, the contention of the learned Government Advocate for the respondents that the petitioner was irregularly appointed that too after a period of 29 years of service is unsustainable. Hence, prayed to interfere with the impugned order.
4. The said contention was totally objected by the learned Government Advocate for the respondents 1 and 2 and would contend that the petitioner’s father was an irregularly appointed person and according to the G.O.Ms.No.33, Labour Welfare and Skill Development(Q1), dated 08.03.2023, a person who is appointed on a consolidated pay are irregularly appointed persons. It is also his submission that compassionate appointment is an exception to the public employment. Therefore, any deviation from the guidelines cannot be sustained. The learned Government Advocate would further contend that the petitioner’s father, being a daily wager, the petitioner cannot claim for compassionate appointment. Hence, prayed for dismissal of the writ petition.
5. I have given my anxious consideration to either side submissions and perused the materials available on record.
6. It is an admitted fact that the petitioner’s father was appointed in the 3rd respondent’s society on 31.12.1993 and he died on 19.01.2023 and the application for compassionate appointment was given within eight months. However, the said application was rejected only upon the ground that the petitioner's father's appointment was an irregular appointment. In order to substantiate the same, the respondents have not furnished any document except by referring that the petitioner’s father is a daily wage employee.
7. To contradict the said contention, the learned counsel for the petitioner has relied upon the salary slip issued by the respondents. According to the salary slip, the petitioner was provided with all allowances such as DA, HRA, medical allowances etc., It is also evident that LIC and EPF were also deducted from his account. For ready reference, the pay certificate of the petitioner’s father for the month of December 2022 is scanned hereunder.
8. Though as rightly contended by the learned Government Advocate, initially the petitioner’s father appears to have been appointed on 31.12.1993 as a daily wager and subsequently, it appears that he was regularised which could be evidenced from the salary slip issued to the petitioner’s father.
9. Therefore, this Court is of the firm view that the rejection order passed by the respondents on the ground that the petitioner's father’s appointment was irregular is liable to be rejected. However, as rightly contended by the learned Government Advocate that compassionate appointment should be strict in accordance with the guidelines provided by the respective department. In this case, the learned Government Advocate relied upon G.O.Ms.No.33, Labour Welfare and Skill Development(Q1), dated 08.03.2023.
10. In view of the above detailed discussion, the impugned rejection order dated 16.11.2023 is set aside. However, the matter is remitted back to the file of 3rd respondent to reconsider the petitioner's request for compassionate appointment with reference to G.O.Ms.No.33, Labour Welfare and Skill Development(Q1), dated 08.03.2023.
11. With the above observations, the writ petition stands allowed. No costs. 14-10-2026 Index: Yes Speaking Order Neutral Citation: Yes NR To
1. The Joint Registrar of Co-op Societies Krishnagiri Region, Krishnagiri District
2. The Deputy Registrar of Cooperative Societies Hosur Circle, Krishnagiri District
3. The Management of S.527, Kelamangalam Agricultural Producers Co-op Marketing Society Limited Rep. By Its Administrator Kelmangalam Denkanikottai Taluk, Krishnagiri District 635 113
C.KUMARAPPAN, J. NR WP No. 33187 of 2023 14-10-2026