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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-09-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN WA No. 964 of 2024 CNR:{HCMA010518102024}

R. Jai Ganesh S/o.Rajaraman, Kalunkal Street, Padur Post, ulundurpet Taluk, Kallakuruchi District.

..Appellant Vs

1. The District Collector Villupuram.

2. The District Revenue Officer Villupuram.

3. The Thasildar Melmalaiyanur Taluk, Villupuram District.

..Respondents Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order in Writ Petition No.20482/2020 dated 22.11.2023.

For Appellant : Mr.N.Suresh For Respondents : Mr.K.Rajesh Government Advocate – for RR 1 and 3

Judgment

(Judgment of the Court was delivered by S.M.Subramaniam J.)

The present writ appeal has been instituted challenging the writ order dated 22.11.2023 passed in W.P.No.20842 of 2020.

2. The writ petitioner is the appellant. The appellant's father died in the year 1992. Though, there was a long delay in considering the application, the appellant was appointed as Village Assistant on compassionate ground on 19.01.2011. After serving for few years, the appellant submitted an application seeking appointment to the post of Junior Assistant on compassionate ground.

3. Learned counsel for the appellant would contend that the appellant has passed +2 course and therefore he is eligible to be appointed as Junior Assistant on compassionate ground. However, instead of appointing the appellant to the post of Junior Assistant, he was appointed as Village Assistant and thus the writ petition came to be filed. The writ court dismissed the writ petition. Thus, the present appeal has been filed.

4. This Court is of the considered view that appointment on compassionate ground is a concession and not a vested right. In the present case, the appellant was appointed on compassionate ground after a lapse of about 18 years from the date of death of a Government employee. That itself is a concession extended to the appellant for appointment to the post of Village Assistant. His services were regularised in the post of Village Assistant. After serving for a considerable length of time in the said post, he cannot turn around and claim that he ought to have been appointed in a higher post and therefore, the very claim set out by the appellant is stale and untenable. This Court does not find any infirmity in the order impugned. The writ appeal stands dismissed. No costs.

(S.M.S.,J.) (K.G.R.,J.)

17-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST To

1. The District Collector, Villupuram.

2. The District Revenue Officer, Villupuram.

3. The Thasildar, Melmalaiyanur Taluk, Villupuram District.

S.M.SUBRAMANIAM J.

AND KRISHNASWAMY GOVINDARAJAN J.

KST

17-09-2026