The Government Chief Secretary vs Jeevitha
2025 Latest Caselaw 5695 Mad

Citation : 2025 Latest Caselaw 5695 Mad
Judgement Date : 4 April, 2025

Madras High Court

The Government Chief Secretary vs Jeevitha on 4 April, 2025

Author: G.Jayachandran

Bench: G.Jayachandran

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 04.04.2025

                                                          CORAM:

                                  THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
                                                     AND
                                      THE HON'BLE MS JUSTICE R.POORNIMA

                                             W.A(MD)No.511 of 2020
                                                     and
                                            C.M.P(MD)No.3613 of 2020


                 1.The Government Chief Secretary,
                   Secretariat of Tamil Nadu,
                   Saint George Fort,
                   Chennai -600 009, Tamil Nadu.

                 2.The Principal Secretary,
                   Environmental and Foest Secretariat of Tamil Nadu,
                   Saint George Fort,
                   Chennai -600 009, Tamil Nadu.

                 3.The Chief Forest Officer,Dindigul Zone,
                   No.5/829, Malligai Street,
                   Cooperative Nagar,
                   Dindigul, Tamil Nadu – 624 005.

                 4.The District Forest Ofrficer,
                   Kodaikanal Division,
                   Laws Ghat Road,
                   Kodaikanal,
                   Tamil Nadu – 624 101.                               ... Appellants/Respondents


                 1/6




https://www.mhc.tn.gov.in/judis             ( Uploaded on: 15/04/2025 04:54:10 pm )
                                                                 .Vs.

                 Jeevitha                                                ... Respondent/Petitioner

                 PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act praying this
                 Court to set aside the order of this Court made in W.P(MD)No.26842 of 2019,
                 dated 28.02.2020.

                                  For Appellants                : Mr.D.Gandhiraj
                                                                  Special Govt.Pleader

                                  For Respondent                 : No appearance

                                                         JUDGMENT

DR.G.JAYACHANDRAN,J.

AND R.POORNIMA,J.

This Writ Appeal is directed against the order of the learned Single Judge

made in W.P(MD)No.26842 of 2019, dated 28.02.2020.

2.Heard the learned counsel for the appellant and perused the materials

placed before this Court.

3.The appellant is the daughter of A.Thanikodi, who died in harness on

https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/04/2025 04:54:10 pm ) 11.08.1992 while serving as Forest Guard under the third respondent. The second

wife of the deceased Government servant made an application for compassionate

appointment on 24.03.1998 and that was not considered favourably. The second

application made by her on 17.02.2000 and that was also not considered and

rejected. While so, this Petitioner after attaining the age of 21 years, made an

application for compassionate appointment on 25.05.2006 which was considered

and rejected on 05.10.2007. The fourth application for compassionate

appointment made on 07.03.2019 was rejected on 22.04.2019.Thereafter, the

Writ Petition was filed, in which, the learned Single Judge after considering the

facts and the judgments of this Court and the Honourable Supreme Court, passed

a positive order to give compassionate appointment within four weeks. Hence the

present Writ Appeal filed by the State on the ground that the application for

compassionate appointment by the respondent herein was made after 33 years of

the death of the Government servant. After rejecting the same in the year 2007,

fresh application was made after 12 years. Even the very first application made

by the second wife of the Government servant was not within the period of three

years.While so, the learned Single Judge, had issued a positive direction to give

compassionate appointment considering the true spirit of granting compassionate

https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/04/2025 04:54:10 pm ) appointment to the family members, who suffered due to the sudden demise of the

public servant.

4.This Court, considering the facts of the case, find that the order of the

learned Single Judge fails the test of appointing a person through back-door on

the ground of compassionate appointment. Compassionate appointment is not a

matter of right and it is meant to lend a helping hand to the distress family due to

the sudden demise of the earning member in the family due to harness. The said

test is not cleared in the case of the respondent, who wants to be appointed

through back-door appointment, under the guise of compassionate appointment

after a period of 33 years.

5.For the reasons aforesaid, the Writ Appeal stands dismissed. No costs.

Consequently, connected Miscellaneous petition is closed.

[G.J.,J.] [R.P.,J.] 04.04.2025