Madras High Court
The District Collector vs A.Senthilkumar on 4 September, 2025
Bench: C.V.Karthikeyan, R.Vijayakumar
W.A(MD).Nos.972 and 936 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON : 01.09.2025
PRONOUNCED ON : 04.09.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A(MD).Nos.972 & 936 of 2020
and
CMP(MD).Nos.5270 & 5157 of 2020
1.The District Collector
Madurai District
Madurai
2.The Tahsildar
Taluk Office
Vadipatti
Madurai District ...Appellants/Respondents
in both appeals
Vs
A.Senthilkumar ....Respondent/Petitioner
in both appeals
Prayer in WA(MD).No.972 of 2020: Writ Appeal filed under Clause 15 of
Letters Patent, to set aside the order dated 28.02.2020 in WP(MD).No.3698
of 2020.
Prayer in WA(MD).No.936 of 2020: Writ Appeal filed under Clause 15 of
Letters Patent, to set aside the order dated 28.02.2020 in WP(MD).No.6584
1/9
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W.A(MD).Nos.972 and 936 of 2020
of 2016.
(In both appeals)
For Appellants : Mr.S.R.A.Ramachandran
Additional Government Pleader
For Respondent : Mr.P.R.Prithiviraj
COMMON JUDGMENT
(Made by R.VIJAYAKUMAR,J.)
The instant writ appeals have been preferred by the respondents in the
writ petitions challenging the orders passed in WP(MD).Nos.6584 of 2016
and 3698 of 2020.
2.The respondent herein had filed the above two writ petitions
challenging the two orders passed by the appellants dated 26.02.2016 and
19.06.2014 wherein the request of the petitioner seeking compassionate
appointment was rejected on the ground that such an application came to be
filed after a period of three years from the date of death of the Government
servant.
3.The writ Court relying upon the judgment in WP.No.26343 of 2012
(M.Sathish Kumar Vs. The Director of School Education and others) dated
23.11.2016 has proceeded to allow the writ petitions primarily on the ground
that the application seeking compassionate appointment has been presented
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W.A(MD).Nos.972 and 936 of 2020
by the minor within a period of three years from the date of attaining
majority. These orders are put to challenge in the present writ appeals.
4.The learned Additional Government Pleader appearing for the
appellants herein relying upon G.O.(Ms).No.120 Labour and Employment
Department dated 26.06.1995 contended that the application seeking
compassionate appointment should be made within a period of three years
from the date of death of the Government servant. This Government order
was in force on the date when the application was presented. Since the
application was made after a period of three years from the date of death of
the Government servant, the application has to be necessarily rejected. He
also relied upon a Division Bench judgment of this Court reported in 2022
SCC Online Mad 4510 (Commissioner, Madurai Corporation and another
Vs. G.Vasuki Bharathi) wherein the Division Bench was pleased to hold that
an application for compassionate appointment, even if it is presented by a
minor, it should be done within a period of three years from the date of the
death of the Government servant.
5.The learned Additional Government Pleader had further submitted
that on the date of death of the Government servant, apart from the widow of
the deceased employee, three other eligible family members were available
for seeking compassionate appointment. However, the family has waited for
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W.A(MD).Nos.972 and 936 of 2020
more than three years to apply for compassionate appointment for the
youngest son. Hence, he prayed for reversing the orders of the writ Court.
6.Per contra, the learned counsel appearing for the respondent/writ
petitioner submitted that the father of the petitioner who was employed as a
Village Assistant has passed away on 22.09.2008 and he had attained majority
on 14.05.2012 and immediately on 09.07.2012, he had made an application
seeking compassionate appointment. The writ Court had relied upon a
decision wherein it was held that the application presented within three years
from the date of attaining majority should be accepted and therefore, he
prayed for sustaining the orders passed by the writ Court.
7.Heard both sides and perused the material records.
8.The petitioner's father who was employed as a Village Assistant has
passed away while in service on 22.09.2008. At the time of his death, his
eldest son namely A.Muthukumar was a major. Neither the wife of the
deceased employee nor his eldest son made an application seeking
compassionate appointment. The other two daughters of the deceased
employee had also attained majority within a period of three years from the
date of death of the employee. No application was made by them also. Finally
an application seeking compassionate appointment was made on 09.07.2012
by the writ petitioner on the ground that he had attained majority only on
14.05.2012.
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W.A(MD).Nos.972 and 936 of 2020
9.When eligible family members of the deceased employee were
available, both on the date of death of the employee or they became eligible
within a period of three years from the date of death of the employee, the
family has not chosen to make any application. They had waited for nearly
four years to make such an application. If more than one member of the
family is eligible to seek compassionate appointment, it is always open to
them to choose any one among them by giving no objection certificate to one
of the family member. However, such a choice has to be exercised within a
period of three years from the date of death of the Government servant. They
cannot wait till a preferred legal heir attains majority. The scheme for
providing compassionate appointment is only to help the family to tide over
indigent circumstances that may arise due to the sudden death of the head of
the family. When the family could wait for a period of four years, so that the
youngest legal heir should attain majority, it clearly discloses that the family
is not in indigent circumstances.
10.The Hon'ble Supreme Court in a judgment reported in (2000) 7
SCC 192) ( Sanjay Kumar Vs. State of Bihar and others) in Paragraph No.3
has held as follows:
“3.....It is also Significant to notice that on the date when
the first application was made by the petitioner on 2.6.1988, the
petitioner was a minor and was not eligible for appointment.
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W.A(MD).Nos.972 and 936 of 2020
This is conceded by the petitioner. There cannot be reservation
of a vacancy till such time as the petitioner becomes a major
after a number of years, unless there is some specific provisions.
The very basis of compassionate appointment is to see that the
family gets immediate relief.”
11.The judgment of the Hon'ble Supreme Court was followed by a
Co-ordinate Bench of this Court in a judgment reported in 2016 (5) CTC 125
(The Inspector General of Prisons, Tiruchirappalli District and anothers
Vs. P.Marimuthu). Paragraph Nos. 37 and 38 are extracted as follows:
37.....A member of the family, otherwise eligible, on the
date of death of the employee, has to submit the application
within three years from the date of death or in a given case, if
he was a minor at the time of death aged between 15 to 18
years, he can also submit an application, within three years
from the date of death, on attaining majority.
38. Needless to state that for entry into any service in the
State, the minimum age is 18 years, and no minor can be
appointed to any service. Therefore, he cannot make any
application for appointment to any post in service and no post
can be kept vacant for him, till he attains majority. Posts which
fall vacant have to be filled up as per the recruitment rules.
Employment assistance on compassionate appointment, is only
a concession, extended to an eligible member of the family, to
apply for a suitable post, in the service, in which, the
employee/Government servant died in harness and it is not a
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W.A(MD).Nos.972 and 936 of 2020
right, which can be exercised by a minor on attainment of
majority.”
12.The statutory Rules regulating the compassionate appointments
were introduced in the year 2023 in the State of Tamil Nadu by way of
”Tamil Nadu Civil Services (Appointment on Compassionate Grounds) Rules
2023”. As per Rule 6(2), there is no minimum age limit for making an
application seeking compassionate appointment. Therefore, only from the
year 2023 onwards, an application could be accepted from a minor for
compassionate appointment. In the present case, the Government servant had
passed away in the year 2008 and the application was made in 2012. The
rejection orders were passed in the year 2014 and 2016 and on these dates,
there were no Rules permitting a minor to make an application seeking
compassionate appointment.
13.In view of the judgment of the Hon'ble Supreme Court cited supra
in (2000) 7 SCC 192, when there are no specific provisions for accepting an
application from a minor, the order passed by the authority rejecting the
application beyond a period of three years from the date of death of the
Government servant cannot be found fault with.
14.The judgment of the Hon'ble Supreme Court cited supra, was not
brought to the notice of the writ Court and therefore, we are inclined to set
aside the said orders.
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W.A(MD).Nos.972 and 936 of 2020
15.In view of the above said deliberations, the orders of the writ Court
are hereby set aside and both the writ appeals are allowed. No costs.
Consequently, connected miscellaneous petitions are closed.
(C.V.K.J.,) (R.V.J.,)
04.09.2025.
Index :Yes/No
Internet :Yes/No
NCC : Yes/No
msa
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W.A(MD).Nos.972 and 936 of 2020
C.V.KARTHIKEYAN,J.
AND
R.VIJAYAKUMAR,J.
msa
Pre-delivery Judgment made in
W.A(MD).Nos.972 & 936 of 2020
and
CMP(MD).Nos.5270 & 5157 of 2020
04.09.2025
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