2026 Supreme(Online)(Mad) 85124
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mummineni Sudheer Kumar, J
S. Srihariharan – Appellant
Versus
Chief Educational Officer – Respondent
WP No. 31922 of 2026
For the Appellants/Petitioners: P. Muthukumaarasaamy
For the Respondents: S. Ilamvaludhi
The court held that authorities must process applications for compassionate appointment in accordance with law and are required to communicate any defects or omissions to the applicant to allow them to rectify the application.
Headnote:(A) Compassionate Appointment - Processing of Application - Failure to act on acknowledged application - Where an application for compassionate appointment has been acknowledged but no action is taken, the respondents are directed to process the same in accordance with law and communicate any defects to the petitioner to enable compliance. (Para 4, 5)
Issues: Whether the respondents are obligated to process the petitioner's application for compassionate appointment and communicate any deficiencies found therein.
Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondent to consider the representation of the petitioner dated 11.03.2026, 22.06.2026 and 11.07.2026 in light of the proceedings of the 2nd respondent dated 19.05.2026.
ORDER
The father of the petitioner herein, while working as Record Clerk, died in harness. Initially, the mother of the petitioner made a claim for compassionate appointment for the petitioner, and later, the petitioner submitted an application for compassionate appointment duly enclosing the 'No Objection' of his mother and sisters. The said application of the petitioner was acknowledged by the respondents vide proceedings in O.Mu.No.512/A5/2026, dated 19.05.2026, but thereafter, no further action was taken. Hence, the petitioner approached this Court by filing the present writ petition.
The learned counsel for the petitioner submits that the petitioner is ready and willing to comply with the objections, if any, raised by the respondents. But, so far, there is no positive action on the part of the respondents to consider the application submitted by the petitioner seeking compassionate appointment.
Mr.S.Ilamvaludhi, learned Additional Government Pleader appearing for the respondents submits that the application submitted by the petitioner is not in proper form and the same could not be processed.
Taking into consideration the submission made on either side, this Court is of the considered view that, in case if the application submitted by the petitioner, which was acknowledged as early as on 19.05.2026, is found to be suffering from any defects, it is always open for the respondents to communicate the same to the petitioner, so as to enable him to comply with the same. However, no such action has been taken by the respondents so far.
In the circumstances, this writ petition is disposed of directing the respondents to consider the application submitted by the petitioner and acknowledged vide proceedings O.Mu.No.512/A5/2026, dated 19.05.2026 and process the same in accordance with law, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this order. In case, if any omissions are found in the application already submitted by the petitioner, the respondents shall communicate the same to the petitioner, so as to enable the petitioner to comply with the same. No costs.
14-08-2026
Index: Yes/No
Speaking/Non-speaking order Neutral Citation: Yes/No
dpa
To
1. The Chief Educational Officer Old Railway Station Road, Erode.
2. The District Educational Officer (Elementary Education), Old Railway Station Road, Erode.