WP/17588/2022 of P.R.Pavithran Vs State of Tamil Nadu on 5 October 2026

ORDER

The present Writ Petition has been filed by the petitioner seeking a direction to the respondents to consider his representation dated 15.12.2014.

2. The learned counsel for the petitioner would submit that the petitioner's father was medically invalidated when he was aged 52 years and that there are no other members in the family to support the petitioner. He would further submit that even the petitioner's mother had also died. Hence, it is the submission of the learned counsel for the petitioner that, from the year 2014 onwards, the respondents have not considered the petitioner's application seeking appointment on compassionate grounds. Hence, he prayed for issuance of a Writ of Mandamus.

3. Per contra, the said contention was stoutly opposed by the learned Government Advocate appearing for the respondents and would contend that, as per G.O.Ms.No.18, Labour and Employment Department, dated 23.01.2020, only those persons who are medically invalidated before attaining the age of 53

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years are eligible for appointment on compassionate grounds, whereas the petitioner is not an eligible person. It is also the submission of the learned Government Advocate that the petitioner has not submitted the documents sought for by the respondents. He would further submit that, if the petitioner submits the documents referred to in the counter-affidavit, as well as the other documents required under the relevant Government Order, the respondents would consider the petitioner's representation on its own merits and in accordance with law.

4. I have given my anxious consideration to the submissions made on either side.

5. Before proceeding further, the main contention putforth by the learned counsel for the petitioner is with regard to the maintainability of the petitioner's application for compassionate appointment, particularly on the ground that the petitioner's father was medically invalidated after attaining the age of 52 years. It is not in dispute that the petitioner submitted his representation on 15.12.2014 and that the date of birth of the petitioner's father is 09.01.1961. If that being so, on the date of submission of the application seeking compassionate appointment, the age of the petitioner's father, who was medically invalidated, was only 52 years, 11 months and 6 days.

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6. Therefore, this Court is of the firm view that the petitioner has a right to submit an application seeking appointment on compassionate grounds. However, it is for the respondents to consider the same and pass appropriate orders in accordance with the applicable rules. Therefore, this Court is of the firm view that the respondents have to consider the petitioner's representation on its own merits and in accordance with law.

7. At this juncture, the learned Government Advocate would submit that reasonable time may be granted to the respondents to consider the same.

8. In view of the above submissions, this Court directs the petitioner to submit the documents sought for by the respondents, as referred to in the counter-affidavit, within a period of two weeks from the date of receipt of a copy of this order. If such documents are submitted by the petitioner within the said period, the respondents are directed to consider the petitioner's representation dated 15.12.2014 and pass appropriate orders thereon, on its own merits and in accordance with law, within a period of eight weeks thereafter. It is made clear that, on the date of submission of the application seeking appointment on compassionate grounds, the age of the petitioner's father was only 52 years, 11 months and 6 days. Therefore, the age criterion shall not be an impediment to consider the petitioner's application.

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9. With the above directions, this Writ Petition is disposed of. No costs. 05-10-2026 Index: Yes Speaking order Neutral Citation: Yes KV To

1. State of Tamil Nadu Rep. by its Principal Secretary to Government, School Education Department, Fort St. George, Secretariat, Chennai-09.

2. The Director of Elementary Education DPI Campus, College Road, Chennai-06.

3. The Chief Educational Officer, Vellore District, Vellore.

4. The District Educational Officer, Vellore Educational District, Vellore.

5. The Block Educational Officer, Kaniyambadi Union, Vellore District.

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C.KUMARAPPAN J. KV WP No. 17588 of 2022 05-10-2026