R.Rajalakshmi Vs Tamil Nadu State Transport

Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed by the learned single Judge in W.P(MD)No.18844 of 2015 dated 18.06.2019 and allow the Writ Appeal.

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For Appellant : Mr.S.Parthasarathy

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For Respondents : Mr.P.M.Vishnyvarthanan Standing Counsel for R.1

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Mr.A.Baskaran Additional Government Pleader for R.2

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Mr.R.Rajamohan Standing Counsel for R.3 & R.4

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JUDGMENT

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(Judgment of the Court was made by G.R.Swaminathan J.)

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Heard both sides.

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2.One Rajendran was employed as conductor in TNSTC,

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Tirunelveli. He passed away on 21.01.2008. The appellant is his

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daughter. An application for appointment on compassionate ground was submitted within the prescribed time by the appellant's mother. Since it was not considered, the appellant filed W.P(MD)No.18844 of 2015 for 2/5

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https://www.mhc.tn.gov.in/judis

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W.A.(MD)No.139 of 2021

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directing the management to appoint her to the post of Junior Assistant on compassionate ground. The writ petition was dismissed by the learned single Judge vide order dated 18.06.2019. Challenging the same, this Writ Appeal has been filed.

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3.When the matter was taken up for hearing, the learned counsel appearing for the employer submitted that since the application seeking compassionate appointment was submitted within 3 years from the date of demise of the employee, the management has already placed the writ petitioner in the list of eligible candidates. But then, appointment can be given only when the appellant's turn arises. The appellant is said to have been placed at S.No.56. It was further submitted that the management is ready to offer the post of Conductor to the appellant. But it appears that the appellate was not responsive when such an offer was made. That apart, the appellant has to fulfil certain eligibility requirements for being posted as conductor. Thus, two options are open to the appellant. She may wait for her turn to arrive or she may submit one more representation to the management to consider appointing her as conductor, subject to fulfilment of the eligibility requirements. In this view of the matter, the impugned order is set aside.

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3/5

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https://www.mhc.tn.gov.in/judis

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W.A.(MD)No.139 of 2021

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4.This Writ Appeal is allowed on these terms. No costs.

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[G.R.S., J.] [R.K.M, J.] 03.12.2025

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NCC : Yes / No Index : Yes / No Internet : Yes/ No MGA

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To

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1.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Limited, Bye Pass Road, Madurai – 625 010.

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2.The District Collector, Kanyakumari District, At Nagercoil.

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3.The Managing Director, Tamil Nadu State Transport Corporations, Thirunelveli Limited, Thirunelveli.

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4.The Assistant Manager (Appointment), Tamil Nadu State Transport Corporation, Nagercoil Division, Thirunelveli Limited, Ranithottam, Kanyakumari District.

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4/5

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https://www.mhc.tn.gov.in/judis

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W.A.(MD)No.139 of 2021

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G.R.SWAMINATHAN,J. AND R.KALAIMATHI, J. MGA

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W.A(MD)No.139 of 2021

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03.12.2025