WA/2814/2023 of M.KARUPPAIAH @ KARUPPASAMY Vs THE GOVERNMENT OF TAMILNADU on 2 September 2026

JUDGMENT

(Judgment of the Court was delivered by S.M.Subramaniam J.) The present intra court appeal has been instituted by the writ petitioner.

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2. Appellant claimed to be the adopted son of the deceased Government servant, who died on 12.06.2001. Application seeking compassionate appointment was filed on 30.03.2004. Writ petition came to be filed in the year 2015 after a lapse of about 11 years from the date of application. Writ Court dismissed the writ petition mainly on the ground that appellant has not produced any acceptable documents or evidences to prove his adoption.

3. Learned counsel for the appellant would submit that the appellant is the brother’s son of the deceased employee. Even then, in the even of securing public employment, valid adoption in accordance with law is to be established. Subsequently, after submission of application, appellant secured a Civil Court decree in the year 2006. Such a decree declaring adoption obtained after the death of the deceased employee cannot be a ground to provide public appointment on compassionate ground.

4. Compassionate appointment is a concession and a special scheme introduced by the Government to mitigate the circumstances arising on account of the penurious circumstances of the family of the deceased employee. The object of the scheme is not to provide one government appointment to the family of the deceased employee. Indigent circumstances and other mitigating factors are to be assessed for providing appointment on compassionate ground. The terms and conditions of the scheme are to be

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scrupulously followed by the competent authorities. Equal opportunity in public employment is the constitutional mandate. Lakhs and lakhs of meritorious youth of our nation are longing to seek public employment through open competitive examination process. All the public appointments are to be made under the constitutional scheme, subject to the terms and conditions so that compassionate appointment is provided only to the deserving families. Providing large scale compassionate appointments will result in administrative inefficiency and infringing the right of the eligible candidates who all are aspiring to secure public employment.

5. Hereditary appointments in public posts are un-democratic, unknown to the Constitution of India and oppose to the Constitution Principles.

6. The principles on compassionate appointments are also summarised by the Hon’ble Supreme Court of India in the case of Director of Treasuries, Karnataka and Another Vs. Somyashree1. “(i) that the compassionate appointment is an exception to the general rule;

(ii) that no aspirant has a right to compassionate appointment;

(iii) the appointment to any public post in the service of the State has to be made on the basis of the principle in accordance with Articles 14 and 16 of the Constitution of India; 1 2021 INSC 472

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(iv) appointment on compassionate ground can be made only on fulfilling the norms laid down by the State’s policy and/or satisfaction of the eligibility criteria as per the policy;

(v) the norms prevailing on the date of the consideration of the application should be the basis for consideration of claim for compassionate appointment.”

7. In view of the facts and principles discussed, the order of the writ Court cannot be said to be infirm. Accordingly, the impugned writ order dated 27.06.2023 in WP.No.39198 of 2015 is confirmed and the writ appeal is dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (K.G.R.,J.) 02-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD To

1. The Government Of Tamilnadu rep by the Secretary to the Government, Highways Department, Fort St George, Chennai – 600009

2. The Principal Director Highways Department, PWD Complex, Kamarajar Salai, Chennai - 600 005

3. The Superintending Engineer Highways, Construction and Maintenance, Tirunelveli 2.

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S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. GD WA No. 2814 of 2023 02-09-2026