Madras High Court
WA/1425/2024 of The District Collector Vs A Gomathi on 23 September 2026
WA No. 1425 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-09-2026
CORAM
THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN
WA No. 1425 of 2024
CNR:{HCMA010672842024}
AND
CMP NO. 10112 OF 2024
1. The District Collector
Collectorate, Vellore Road, Vengikkal,
Tiruvannamalai District 606 604.
2. The Deputy Secretary
Directorate of Social Welfare and Women
Empowerment, Government of Tamil Nadu,
Secretariat, Fort St.George, Chennai 9.
..Appellants
Vs
A Gomathi
W/o. Elumalai, No.36, Pillayar Kovil Street, Palvarthuvendran Village, Polur Taluk, Thiruvannamalai Dt.
..Respondents
Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order dated 31.10.2023 made in WP No.17998 of 2023.
For Appellant(s):
Mr.K.Rajesh, Government Advocate
For Respondent(s):
Mr.Govinda Prasad
for M/s.S.B.Viswanathan
WA No. 1425 of 2024
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
Judgment
(Judgment of the Court was delivered by S.M.Subramaniam J.)
The District Collector, Tiruvannamalai preferred the present writ appeal challenging the order dated. 31.10.2023 made in W.P.No.17998 of 2023.
2. The mother of the respondent served as Cook in the Department of Social Welfare and Women Empowerment and died while in service on 08.08.2017. The appellant submitted an application seeking appoint on compassionate grounds. Considering the application, the appellant appointed the respondent as Cook on compassionate grounds on 09.08.2021. It is not in dispute that the respondent is now serving in the Department in the post of Cook.
3. Learned counsel for the appellant would mainly contend that the respondent ought to have been appointed as Noon Meal Organiser. Thus, the writ petition came to be instituted. The writ petition was disposed of by issuing a direction to re-designate the petitioner as Noon Meal Organiser.
4. In the considered view of this Court, appointment of a person to a particular post is the prerogative of the employer. High Court, in exercise of
WA No. 1425 of 2024
the powers of judicial review cannot direct the employer to redesignate any employee in the absence of any Rule or policy. In the present case, the respondent was appointed to the post of Cook on compassionate ground. A post cannot be claimed as a vested right. The claim of the respondent is to appoint her to the post of Noon Meal Organiser and such a prayer is not entertainable. Once a person has been appointed on compassionate ground, that becomes final and a claim to appoint to any other post of his / her choice cannot be entertained. Since the respondent is now serving as a Cook, the claim is to be considered as stale.
5. In view of the above position, the writ order impugned dated 31.10.2023 passed in W.P.No.17998 of 2023 is set aside and the writ appeal stands allowed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (K.G.R.,J.) 23-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST
WA No. 1425 of 2024
S.M.SUBRAMANIAM J. AND KRISHNASWAMY GOVINDARAJAN J. KST WA No. 1425 of 2024 AND CMP NO. 10112 OF 2024 23-09-2026