Back
2026 Supreme(Online)(Mad) 15870
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Dhandapani, J
M.MAHALAKSHMI – Appellant
Versus
THE TAHSILDAR – Respondent
WP No.33484 of 2025 | W.M.P. Nos.37621 of 2025 | W.M.P. No. 458 of 2026
For the Appellants/Petitioners: N.G.R. Prasad
For the Respondents: P. Ganesan
An employer cannot abruptly stop the salary of an employee who has been serving for several years without issuing a formal cancellation order or initiating disciplinary proceedings, especially when the services were previously accepted and appreciated.
Headnote:The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct the respondent to pay salary due from September 2024 in the post of Village Assistant, along with periodical increments and confirmation of service. The petitioner was appointed on compassionate grounds on 14.08.2018 following the death of her husband and served continuously until August 2024, during which time her performance was appreciated by the District Election Officer. However, her salary was abruptly stopped from September 2024 without any prior notice or cancellation order. The primary issue is whether the respondent can withhold the salary of an employee who has served for six years without initiating disciplinary proceedings or issuing a formal cancellation order. The court observed that since the respondent had accepted the petitioner's services for nearly six years and had even issued a letter of appreciation, the sudden cessation of salary was unjustified. The court further noted that the failure to regularize the services of a compassionate appointee after such a period reveals a non-application of mind by the respondent. this Court, without going into the merits of the claim of the petitioner, directs the respondent to consider the petitioner’s representation dated 16.07.2025 and pass orders on merits and in accordance with law considering all the aforesaid facts, within a period of twelve weeks from the date of receipt of a copy of this order.
| Table of Content |
|---|
| 1. facts regarding compassionate appointment and subsequent cessation of salary. (Para 1 , 2 , 3) |
| 2. arguments regarding eligibility for compassionate appointment based on employment status of the deceased. (Para 4) |
| 3. unjustified withholding of salary after long-term acceptance of services. (Para 6 , 7 , 8) |
| 4. direction to the authority to decide the representation on merits. (Para 9) |
Prayer :
Writ Petition filed under Article 226 of the Constitution of India for Writ of Mandamus, directing the respondent to pay salary due to the petitioner from September 2024 in the post of Village Assistant together with periodical increments by issuing necessary confirmation order and to give her all such career advancement and promotion which is due to her being the Village Assistant within a time frame fixed by this Court.
ORDER
Mr .P. Ganesan, learned Additional Government Pleader takes notice for the respondent. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.
2. The relief sought in this writ petition is a direction to the respondent to pay salary due to the petitioner from September 2024 in the post of Village Assistant together with periodical increments by issuing necessary confirmation order and to give her all such career advancement and promotion which is due to her being the Village Assistant within a time frame to be fixed by this Court.
3. It is the case of the petitioner that her husband was working as Night Watchman in the Sub-Collector’s Office, Pollachi and while in service, he died in harness on 19.07.2018. It is the contention of the petitioner that on compassionate grounds, the petitioner was appointed as Village Assistant on 14.08.2018 and joined duty on 17.08.2018. She continuously served from 2018 till August 2024 and was paid salary regularly. When that being so, from September 2024 onwards, all of a sudden, her salary was stopped without any notice. Thereafter, she submitted a representation to the respondent on 16.07.2025, which has not been considered, till date. Hence this writ petition.
3. Learned counsel for the petitioner submitted that the petitioner was appointed on compassionate grounds in the year 2018 after due verification of her indigent circumstances and had been continuously discharging her duties till August 2024. The respondents accepted her services for nearly six years and even appreciated her performance vide Letter of Appreciation dated 21.06.2024 issued by the District Election Officer, Coimbatore. Without issuing any cancellation order or initiating disciplinary proceedings, the respondents cannot withhold her salary. In view of the above, he prayed for regularisation of petitioner’s service and disbursement of salary from September 2024 onwards to the petitioner with consequential benefits. Hence, he prayed before this Court for issuance of appropriate directions in this regard.
4. Learned Additional Government Pleader appearing for the respondent based on written instructions, submitted that compassionate appointment is permissible only when the deceased was a permanent Government servant. Since the petitioner’s husband was only a temporary employee, she was not eligible for such appointment under the relevant Government Orders. As the petitioner’s appointment was contrary to rules, confirmation cannot be granted. Therefore, he prayed for dismissal of this writ petition.
5, Heard both sides.
6. It is not in dispute that the petitioner was appointed in 2018 and was permitted to continue in service till August 2024. It is also an undisputed fact that the respondent has accepted her services for nearly six years and paid salary till August 2024. This Court also noted the letter of Appreciation dated 21.06.2024 issued to the petitioner. Having taken benefit of her services for six years, the respondents cannot abruptly stop salary without cancelling the said proceedings. The main contention of the petitioner is that she
