##PAGE1##

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-09-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN WA No. 835 of 2024 CNR:{HCMA010309192024}

AND CMP NO. 5804 OF 2024 1. The District Collector Nilgiris District.

2. The Chief Engineer Highways Department (Construction and Maintenance), Guindy, Chennai 25.

3. The Divisional Engineer Highways Department (Construction and Maintenance) The Nilgiris District.

4. The Assistant Engineer Highways Department, Gudalur, The Nilgiris Dt.

..Appellants Vs R. Indra D/o. B. Rajendran (Late), No.2/159-A, Hundi Moyar, Moyar 643 223, Nilgiris Dt.

..Respondent Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order dated 15.09.2023 passed in WP No.20307 of 2023.

For Appellants : Mr.K.Rajesh Government Advocate For Respondent(s): Mr.R.Singaravelan Senior Counsel for Mr.R.D. Ashok Kumar

Judgment

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

The District Collector preferred the present writ petition challenging the order dated 15.09.2023 passed in W.P.No.20307 of 2023.

2. The respondent filed a writ petition seeking appointment on compassionate grounds. The father of the writ petitioner was a Government employee and died on 12.01.2009. Learned Government Advocate appearing for the appellants would submit that the application was received in the year 2018 after a lapse of 9 years. However, learned Senior Counsel appearing for the respondent would submit that the step mother of the respondent filed an application within the time limit.

3. Be that as it may. Compassionate appointment is a concession and cannot be claimed as a vested right. Interference by the Courts overlooking the seniority would infringe the right of other applicants waiting for compassionate appointments in the order of seniority. Compassionate appointment is to be provided based on the criteria fixed by the Government under the scheme of appointment.

4. Learned Senior Counsel would submit that the step-mother of the respondent has been already registered and in the seniority. Learned Government Advocate would submit that the names will be considered subject to availability of the post in the order of seniority. If that being the submission made, the case of the respondent is also to be considered in accordance with the terms and conditions stipulated under the Scheme in the order of seniority and as per the rules applicable to appointment.

5. With the above observations, the writ appeal stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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

30-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST S.M.SUBRAMANIAM J.

AND KRISHNASWAMY GOVINDARAJAN J.

KST AND CMP NO. 5804 OF 2024

30-09-2026