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2026 Supreme(Online)(Mad) 81152
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. M. Subramaniam, Krishnaswamy Govindarajan, JJ
L. Gangadharan – Appellant
Versus
Managing Director Tamil Nadu State Transport Corporation – Respondent
WA No. 3142 of 2025 | CMP NO. 25560 OF 2025
For the Appellants/Petitioners: M. Vishal, Abitha Banu
For the Respondents: No appearance
Compassionate appointment cannot be granted after an inordinate delay (over two decades) from the date of the employee's death, as it defeats the purpose of immediate relief and must strictly follow the established scheme and seniority.
Headnote:(A) Compassionate Appointment - Delay in Application - Grant of appointment cannot be directed when there is an inordinate delay (e.g., 23 years) from the date of death of the employee, as the purpose of such appointment is to provide immediate relief to the bereaved family. (Para 2)
(B) Compassionate Appointment - Scheme Compliance - Appointments must be strictly in accordance with the terms and conditions of the applicable Scheme and based on seniority. (Para 2)
Issues: Whether compassionate appointment can be granted after a lapse of 21-23 years from the date of death of the employee.
| Table of Content |
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| 1. compassionate appointment is denied due to inordinate delay from the date of death. (Para 1 , 2 , 3) |
Judgment
(Judgment of the Court was delivered by S.M.Subramaniam J.)
The present writ appeal has been filed by the writ petitioner challenging the writ order dated 23.07.2024 passed in W.P.No.20188 of 2024.
2. The writ petitioner is the appellant herein. The father of the appellant was working as Conductor in Transport Corporation and died on 16.03.2003. The application itself has been submitted belatedly. However, a letter dated 12.08.2009 issued by the Managing Director of the Transport Corporation would show that the name of the writ petitioner has been kept in the seniority list at Sl.No.176. The fact remains that 23 years lapsed from the date of death of the deceased employee. Therefore, this Court at this length of time cannot issue any direction to provide compassionate appointment. That apart, such appointments should be strictly in accordance with the terms and conditions of the Scheme and by following the seniority. The writ Court has rightly dismissed the writ petition mainly on the ground of delay in submitting the application.
3. In any event, the relief of compassionate appointment cannot be granted by this Court on account of the fact that the writ petition itself has been filed after a lapse of 21 years from the date of death of the deceased employee. For all these reasons, the writ appeal stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
