Madras High Court
WA/835/2024 of The District Collector Vs R. Indra on 30 September 2026
WA No. 835 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-09-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN
WA No. 835 of 2024
CNR:{HCMA010309192024}
AND
CMP NO. 5804 OF 2024
1. The District Collector
Nilgiris District.
2. The Chief Engineer
Highways Department (Construction and
Maintenance), Guindy, Chennai 25.
3. The Divisional Engineer
Highways Department (Construction and
Maintenance) The Nilgiris District.
4. The Assistant Engineer
Highways Department, Gudalur,
The Nilgiris Dt.
..Appellants
Vs
R. Indra
D/o. B. Rajendran (Late), No.2/159-A, Hundi Moyar, Moyar 643 223, Nilgiris Dt.
..Respondent
Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order dated 15.09.2023 passed in WP No.20307 of 2023.
WA No. 835 of 2024
For Appellants :
Mr.K.Rajesh
Government Advocate
For Respondent(s):
Mr.R.Singaravelan Senior Counsel
for Mr.R.D. Ashok Kumar
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Judgment
(Judgment of the Court was delivered by S.M.Subramaniam J.) The District Collector preferred the present writ petition challenging the order dated 15.09.2023 passed in W.P.No.20307 of 2023.
2. The respondent filed a writ petition seeking appointment on compassionate grounds. The father of the writ petitioner was a Government employee and died on 12.01.2009. Learned Government Advocate appearing for the appellants would submit that the application was received in the year 2018 after a lapse of 9 years. However, learned Senior Counsel appearing for the respondent would submit that the step mother of the respondent filed an application within the time limit.
3. Be that as it may. Compassionate appointment is a concession and cannot be claimed as a vested right. Interference by the Courts overlooking the seniority would infringe the right of other applicants waiting for compassionate appointments in the order of seniority. Compassionate appointment is to be provided based on the criteria fixed by the Government under the scheme of appointment.
WA No. 835 of 2024
4. Learned Senior Counsel would submit that the step-mother of the respondent has been already registered and in the seniority. Learned Government Advocate would submit that the names will be considered subject to availability of the post in the order of seniority. If that being the submission made, the case of the respondent is also to be considered in accordance with the terms and conditions stipulated under the Scheme in the order of seniority and as per the rules applicable to appointment.
5. With the above observations, the writ appeal stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (K.G.R.,J.) 30-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST
WA No. 835 of 2024
S.M.SUBRAMANIAM J. AND KRISHNASWAMY GOVINDARAJAN J. KST WA No. 835 of 2024 AND CMP NO. 5804 OF 2024 30-09-2026