Madras High Court
The District Collector vs Saraswathi on 10 October, 2025
Author: R.Suresh Kumar
Bench: R. Suresh Kumar
W.A No. 2891 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-10-2025
CORAM
THE HON'BLE MR JUSTICE R. SURESH KUMAR
AND
THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR
WA No. 2891 of 2025 AND CMP NO. 23444 OF 2025
The District Collector
Villupuram District, Villupuram
..Appellant
Vs
1. Saraswathi
W/o.Late Jaishankar, Mariamman Koil Street,
Senthanur Village, Villupuram District.
2. The Block Development Officer
Koliyanur Panchayat Union, Villupuram District
..Respondents
Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order
dated 03.07.2024 made in WP No.17542 of 2024.
For Appellant : Mr.E.Veda Bagath Singh
Special Government Pleader
For Respondents : Mr.A.Baskaran - for R1
Mr.E.Vijay Anand
Additional Government Pleader - for R2
Judgment
(Judgment of the Court was delivered by R.Suresh Kumar J.)
The present appeal has been directed against the order passed by the writ
Court dated 03.07.2024 made in W.P.No.17542 of 2024.
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2. The first respondent / writ petitioner's husband one Jaishankar was
working as Panchayat Secretary under the second respondent he suddenly died on
10.01.2014. Thereafter, the first respondent / writ petitioner made an application
on 03.02.2014 seeking compassionate appointment. That application was
returned after several years on 08.08.2022 seeking for some details. In the
meanwhile, the Government issued G.O.Ms.No.102, Rural Devel and Panchayat
Raj (E5) Department dated 13.07.2015, whereby the eligibility of compassionate
appointment has been extended to the legal heirs of the deceased Panchayat
Secretaries also, that means, prior to the issuance of such Government Order,
such eligibility was not available for those legal heirs of the deceased Panchayat
Secretaries.
3. Only in this context, the learned Judge allowed the writ petition through
the impugned order, whereby a positive direction has been given under which the
legal heirs of the deceased employee shall be given appointment on compassionate
grounds, as against which the present appeal has been directed.
4. Heard the learned Special Government Pleader and the learned counsel
for the first respondent.
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5. Insofar as the eligibility to seek compassionate appointment by the first
respondent / writ petitioner being the widow of the deceased employee who was
working as Panchayat Secretary is concerned, that position has now been cleared
by the issuance of the Government Order in G.O.Ms.No.102 dated 13.07.2015.
However, merely because such eligibility has come to the first respondent / writ
petitioner it does not ipso facto would make her entitle to get a positive direction
from the court of law unless and until the Court threadbare discussed the issue
and came to such a conclusion.
6. Therefore, insofar as the positive direction is concerned, we do feel that
it requires some modification. If at all the writ Court has issued a Mandamus,
such a Mandamus should have been issued by giving a direction to the employer
to consider the application submitted by the writ petitioner and decide the same
on merits and in accordance with law especially in the context of the eligibility of
the writ petitioner in view of G.O.Ms.No.102 dated 13.07.2015. To that extent,
the impugned order is to be modified.
7. In view of the same, the following orders are passed in this writ appeal
that, there shall be a direction to the appellant as well as the second respondent to
consider the application submitted by the first respondent / writ petitioner dated
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03.02.2014 in the light of G.O.Ms.No.102, Rural Development and Panchayat
Raj (E5) Department dated 13.07.2015 subject to the availability of vacancy to fill
up under the compassionate ground either at the block level or at the district level
and accordingly orders can be passed by the appellant as well as the second
respondent either jointly or as the case may be individually, within a period of
two months from the date of receipt of a copy of this order.
8. With the above modification to the impugned order, the writ appeal is
disposed of. No costs. Consequently, connected miscellaneous petition is closed.
(R.S.K.,J.) (H.C.,J.)
10-10-2025
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
KST
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To
1. The Block Development Officer
Koliyanur Panchayat Union, Villupuram District
2. The District Collector
Villupuram District, Villupuram
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R.SURESH KUMAR J.
AND
HEMANT CHANDANGOUDAR J.
KST
AND
CMP NO. 23444 OF 2025
10-10-2025
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