IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-10-2025

CORAM

THE HON'BLE MR JUSTICE R. SURESH KUMAR

AND

THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR

WA No. 2955 of 2025

K.Sailaja

D/o.Late K.Kottappa, Thottabelur Village,

Kelamangalam Via , Krishnagiri District

..Appellant

Vs

The Chief Educational Officer

Near Boys Higher Secondary School,

Krishnagiri 635 001

..Respondent

Prayer : Writ Appeal under Clause XV of the Letters Patent to allow the above WA by setting aside the Order dated 06.12.2021 passed in WP No. 32029 of

2019.

For Appellant : Mr.K.Govi Ganesan

For Respondent : Mr.S.Yashwanth

Additional Government Pleader

Judgment (Judgment of the Court was delivered by R.Suresh Kumar J.)

This intra Court appeal has been directed against the order of the learned Writ Court dated 06.12.2021 in W.P.No.32029 of 2019.

2. The appellant's father was working as Headmaster of a Panchayat Union Elementary School and he died in harness on 26.02.2000. He had two wives, first wife had no children and the second wife has four children. The appellant is one of children and she applied for appointment under compassionate grounds on 06.02.2003 and the same was returned for certain defects and she resubmitted the same subsequently on 24.02.2003. It is the further case of the appellant that her application has not been considered by the respondent for several years and therefore, on 12.03.2018 she submitted yet another application and in order to consider that application she filed W.P.No.15642 of 2018. The said writ petition was disposed of by order dated 26.07.2018 with a direction to consider the said representation. Pursuant to the same, her application dated 12.03.2018 was rejected by the respondent on 04.04.2019, against which she filed the present writ petition.

3. The learned Writ Court having considered this factual matrix has found that, the father of the petitioner though died in the year 2000 and the application was made in the year 2003, for 15 long years nothing was moved and the petitioner did not initiate any action, which itself shows that the family of the petitioner was not in indigent circumstances to be immediately bailed out by considering the application submitted by the petitioner for appointment under compassionate ground.

4. In 2018, ie., after 15 years yet another representation was given, which was rejected by order dated 04.04.2019, thereby the petitioner has created one more cause of action as if that first time she made an application and that was rejected on 04.04.2019. Accordingly, the writ petition was rejected through the impugned order.

5. We do not find any error in the approach of the learned Single Judge for the simple reason that the compassionate appointment normally would be considered to immediately bail out the family of the employee being the sole breadwinner of the family suddenly died and since the family would be left in lurch, such kind of compassionate appointment would be provided within a reasonable time. If for long years ie., nearly about 2 decades if the petitioner / appellant has been surviving with good fortune even without caring for the application she had submitted in the year 2003, it shows that the family is not in indigent circumstances. Moreover, at this length of time the respondent cannot be directed to consider the application made in the year 2018. Therefore, there was every justification on the part of the respondent to reject the application on 04.04.2019 and the said order having been confirmed by the learned Writ Court by the impugned order, we do not find any error in the impugned order.

6. Resultantly, this writ appeal fails and the same is dismissed. However, there shall be no order as to costs.

(R.S.K.,J.) (H.C.,J.)

16-10-2025 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST To The Chief Educational Officer Near Boys Higher Secondary School, Krishnagiri 635 001 R.SURESH KUMAR J.

AND HEMANT CHANDANGOUDAR J.

KST

16-10-2025