WP/41577/2026 of C.MEENA Vs The Principal District Judge on 15 October 2026

ORDER

(Order of the Court was made by Dr.G.Jayachandran J.) One Mr.S.Ragunathan, who was working as a Night Watchman at District Court, Vellore passed away on 07.08.2022. His wife the petitioner herein was appointed as a Full Time Masalchi (Group ‘D’) on 02.12.2024 on compassion ground. She is claiming that she possesses an M.A., B.Ed., degree so she must be given a higher post consistent to her qualification.

2. From the records we find, taking into consideration the sudden demise of her husband, the learned Principal District Judge, Vellore, considered the request made by the petitioner to give appointment on the compassionate ground had appointed her Masalchi. Her claim for a higher post in Group ‘C’ or a different post in Group ‘D’ on the basis of her qualification and eligibility was rejected. The said order is challenged by the petitioner citing the case of one S.Sinthiya, who was appointed in the Group ‘D’ post on the compassionate ground.

3. The learned counsel appearing for the petitioner submitted that since there were 33 posts vacant for Group ‘C’ as on 31.12.2023, the petitioner ought to have been accommodated in a Group ‘C’ post and not in Group ‘D’.

4. We are unable to countenance the said submissions for two reasons. Firstly, compassionate appointment is meant to tide over the financial distress caused to the family of a Government servant arising out of the sudden demise. The question of providing appointment commensurate with the additional qualifications of the aspirant arises only in respect of vacancies available within the quota for compassionate appointments and her qualifications at the time of considering the application for appointment on compassionate ground. In this case, the writ petitioner possess an M.A., B.Ed., which is the required qualification for a Post Graduate(PG) Teacher. She was given employment only on the ground that her husband died while in service. A Government job is not a hereditary post for the spouse or children to claim appointment as a matter of right and a post commensuration the qualification possessed to get compassionate appointment, an entry through back gate. It is an exception to the Rule overriding the general rule for recruitment. The appointment on compassionate ground must be in terms of the Rules issued under G.O.Ms.No.33, Labour Welfare and Skill Development (D) Department, dated 08.03.2023.

5. The Learned Counsel for the appellant relying on the order of this Court in W.P.No.23184 of 2025 dated 03.09.2025 in the case of S.Sinthiya vs. the Registrar General, Madras High Court, seeks parity. We find in the above order the Court has directed the Principal District Judge, Vellore, to appoint the writ petitioner in Group ‘C’ post since she has acquired UG degree after getting a compassionate appointment in Group ‘D’. Acquiring higher qualification subsequently after being appointed under compassionate ground will not entitle a person to get a higher post. If this is allowed, the persons who are appointed on compassionate ground will have a march over regular appointments. Hence, the order cited and relied is not a binding precedent. When the learned Principal District Judge has found that petitioner can be accommodated in the available vacancy for the post of Masalchi, she must either take the job or leave it; she cannot demand a higher post vacancy even if any in Group ‘D’ post same cannot be filed by compassionate without considering the General Service Rule of appointment and promotion.

6. Hence, we find no merit in this writ petition. Accordingly, this Writ Petition stands dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs. (Dr.G.J.,J.) (E.M.,J.) 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rpl To The Principal District Judge Principal District Court, Vellore, Vellore District.

DR.G.JAYACHANDRAN J. and E.MANOHARAN J. rpl WP No. 41577 of 2026 and WMP No.46654 of 2026 15-10-2026