Dismissed¶¶29

T.Bhuvanashankari v. The Secretary

Madras HC3 Feb 2025WP/18030/2019

Case brief

AI extract

What is this about?

compassionate appointment; transfer of application between departments; G.O. Ms. No. 61, Labour and Employment Department dated 16.01.2006; 'C' and 'D' group posts; B.E.(Civil); Assistant Engineer; Highways Department; Education Department; B.T. Assistant died while in harness; Writ of Certiorarified Mandamus; Article 226; Lr.No.6598/G2/2019-1 dated 05.03.2019; dismissal; Madras High Court; decision dated 03.02.2025.

What did the court decide?

Per G.O. Ms. No. 61, Labour and Employment Department dated 16.01.2006, compassionate ground appointments can be made only to posts in 'C' and 'D' groups; the court adopted this limitation as governing the petitioner's claim. ¶¶27

T.Bhuvanashankari Vs The Secretary — Writ and Judicial Review | Madras HC (2025)

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W.P. No. 18030 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 03.02.2025

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CORAM

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THE HON'BLE Ms. JUSTICE R.N.MANJULA

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W.P. No. 18030 of 2019

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T.Bhuvanashankari … Petitioner

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-vs-

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The Secretary Personal & Administrative Reforms Department St. George Fort Chennai – 600 009.

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The Director of School Education D.P.I. Compound College Road Chennai – 600 006.

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The Chief Educational Officer Salem – 636 001.

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The Principle Secretary Highways Department St. George Fort Chennai – 600 009. ... Respondents

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Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of the 1^st respondent passed in Lr.No.6598/G2/2019-1 dated 05.03.2019 and quash the same and direct the 1^st respondent to appoint the petitioner as Assistant Engineer in the 4^th respondent's department in accordance with petitioner's educational qualification.

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

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1/4

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W.P. No. 18030 of 2019

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For Petitioner	:	Mr. N.Babu
		for M/s. M.Thamizhavel
For Respondents	:	Ms.Rajarajeswari, GA (RR2 & 3)
		Mr.A.M.Ayyadurai, GA (RR1 & 4)

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O R D E R

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The petition has been filed challenging the order of the first respondent authority dated 05.03.2019 through which the petitioner's request to transfer the application seeking compassionate appointment of the petitioner from Education Department to Highways Department has been rejected.

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The learned counsel for the petitioner submitted that the petitioner has applied for appointment on compassionate grounds in view of death of his mother, who was working as B.T. Assistant with the second respondent department and who died while in harness.

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The petitioner has given an application to the respondent department stating that he has acquired B.E.(Civil) and his application be transferred to Highways department and he should be offered with the post of Assistant Engineer. The said application has been rejected by stating that only when no

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post is available in the department, where the deceased employee was working,

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

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2/4

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W.P. No. 18030 of 2019

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the application will be transferred to some other department.

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In G.O. Ms. No. 61, Labour and Employment Department dated 16.01.2006, it has been made crystal clear that the compassionate ground appointments can be made only to the posts in 'C' and 'D' groups. The respondent did not state that 'C' and 'D' group vacancies are not available to accommodate the petitioner in the respondent department.

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While such is the case, the respondent is not expected to consider his qualification in order to accommodate him as Assistant Engineer in any other departments as per his preference. As I do not find any illegalities and irregularities in the impugned order passed by the first respondent, the writ petition is liable to be dismissed.

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