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2025 Supreme(Mad) 2423

IN THE HIGH COURT OF JUDICATURE AT MADRAS 
S.M.SUBRAMANIAM, K.RAJASEKAR, JJ
C. Dharma – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Sridhar K for M/s.Sridhar Associates K.
For the Respondent: Mr.E.Veda Bagath Singh Special Government Pleader for R1 :Mr.M.Murali Government Advocate for R2

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.

The writ of declaration has been instituted to declare Rule 2(f) of Tamil Nadu Civil Services (Appointment on Compassionate Grounds) Rules, 2023 (hereinafter referred to as 'the Rules').

2. The Rule was notified in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India . It is a special scheme notified for the benefit of the employees, who dies in service.

3. Mr.K.Sridhar, the learned Counsel for M/s.Sridhar Associates K. appearing on behalf of the petitioner would submit that in the present case, Mrs.Nagammal, who served in the Salem Corporation died while in service. Her son submitted an application seeking employment on compassionate grounds. Unfortunately, the son died during Covid-19 period before joining the post, despite the fact that an appointment order was issued to him on compassionate grounds. Since the son of the deceased employee had not joined in the service on compassionate grounds now the grand son of the deceased Government employee / Mrs. Nagammal, submitted an application seeking appointment on compassionate grounds.

4. The Authorities relying on the Tamil Nadu Civil Servic

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