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2026 Supreme(Online)(Mad) 80450
MADURAI BENCH OF MADRAS HIGH COURT
B. Pugalendhi, J
A. Mala – Appellant
Versus
Director of Municipal Administration – Respondent
W.P(MD)No.23401 of 2026
For the Appellants/Petitioners: S. Bala Karthick
For the Respondents: S. Sivasubramanian, Y. Jagadeesh
A claimant seeking compassionate appointment on the basis of being a spouse must first legally establish their marital status in the appropriate forum if such status is disputed or has been previously directed by the court to be declared.
Headnote:(A) Compassionate Appointment - Status of Spouse - Where the petitioner's status as the wife of the deceased employee is disputed and previous court orders have directed the petitioner to establish such status before the appropriate forum, a writ of mandamus for appointment cannot be entertained. (Para 2, 3)
Issues: Whether the petitioner is entitled to compassionate appointment without first establishing her legal status as the wife of the deceased employee in the appropriate forum.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, a Writ of Mandamus directing the respondents to provide appointment for petitioner under compassionate ground by considering petitioner application dated. 06.11.2020 within a time frame as may be fixed by this Court.
For Petitioner : Mr.S.Bala Karthick
For Respondent : Mr.S.Sivasubramanian No.1 Government Advocate
For Respondent : Mr.Y.Jagadeesh No.2 Standing Counsel
O R D E R
The petitioner claims to be the wife of Annadurai, who served as Revenue Inspector in the 2nd respondent Municipality and died on 28.05.2020. The petitioner with a grievance that her request for compassionate appointment dated 06.11.2020 has not been considered has filed this writ petition seeking a writ of mandamus directing the respondents to provide her appointment on compassionate grounds by considering her application dated 06.11.2020.
Mr.Y.Jagadeesh, learned standing counsel takes notice for respondent municipality, filed a typed set of papers and submits that the petitioner is the 2nd wife of the deceased employee and the earlier writ petition filed by her in WP(MD)No.19047 of 2021 adding the legal heirs of first wife, was dismissed as withdrawn on 07.03.2022. Thereafter she filed another writ petition in WP(MD)No.10761 of 2023 and the same was disposed of by order dated 06.06.2024 with liberty to the petitioner to workout her remedy by filing necessary application to declare her status before the appropriate forum. Thereafter, this writ petition has been filed suppressing the earlier writ petitions filed by her and also without adding the other legal heirs.
Considering the earlier orders passed, this court is not inclined to entertain this writ petition. Accordingly, this writ petition is dismissed with liberty to work out her remedy by filing necessary applications before the appropriate forum to declare her status as the wife of the deceased employee.
13.08.2026
NCC: Yes/No Index:Yes/No
Internet:Yes
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