Dismissed¶36

Sundari v. The District Collector

Madras HC29 Aug 2025WP(MD)/23600/2025

Case brief

AI extract

What is this about?

Compassionate appointment; married daughter not entitled; deceased Village Assistant; father died in service 28.11.2018; application 28.12.2018 with no objection certificates from legal heirs; rejection order 11.07.2024 in COLTNV/428/2019-A4; District Collector Tirunelveli; Thasildar Radhapuram Taluk; Division Bench of Madras High Court; G.O.Ms.No.33 dated 08.03.2023; indigent circumstances and dependency argued by petitioner's counsel; writ petition under Article 226 dismissed, no costs; WMP(MD) No.18521 of 2025 closed; Tamil Nadu; Madurai Bench.

What did the court decide?

The question arising in this writ petition is no longer res integra, having already been decided by the Division Bench of this Court. ¶32

Sundari Vs The District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the petitioner, a married daughter of a deceased Village Assistant who died in service, is entitled to be considered for appointment on compassionate grounds, notwithstanding the rejection order dated 11.07.2024.

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Court's answer

The question arising in this writ petition is no longer res integra, having already been decided by the Division Bench of this Court.

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Ratio / Principle

Pursuant to the Division Bench decision, the Government issued G.O.Ms.No.33 dated 08.03.2023, in and by which it categorically held that a married daughter is not entitled to be considered for appointment on compassionate grounds.

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Key takeaways

As per the applicable rule position also, since the petitioner is a married daughter, her case could not be considered.ratio¶32
In view of the Division Bench decision, G.O.Ms.No.33 dated 08.03.2023 and the rule position, no grounds are made out to interfere with the impugned rejection order.ratio¶36

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), single judge (M.Dhandapani, J.), WP(MD) No.23600 of 2025 (connected WMP(MD) No.18521 of 2025), decided 29/08/2025. The petitioner, Sundari, whose father died in service as Village Assistant on 28.11.2018 leaving six legal heirs, sought compassionate appointment; her mother had applied on 28.12.2018 with no objection certificates from other legal heirs. The District Collector, Tirunelveli rejected the request by order dated 11.07.2024 in COLTNV/428/2019-A4 solely because the petitioner is married. Holding the matter no longer res integra in view of an earlier Division Bench decision of the same Court, and relying on G.O.Ms.No.33 dated 08.03.2023 (issued pursuant to that decision, holding married daughters ineligible for compassionate appointment) and the applicable rule position, the Court found no ground to interfere and dismissed the writ petition without costs, closing the connected miscellaneous petition.

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WP(MD). No.23600 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 29/08/2025

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CORAM

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THE HONOURABLE MR. JUSTICE M.DHANDAPANI

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WP (MD). No.23600 of 2025 and WMP(MD) No.18521 of 2025

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Sundari ... Petitioner

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The District Collector, Tirunelveli District..

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The Thasildar, Radhapuram Taluk, Tirunelveli District.. ... Respondents

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PRAYER :-Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 11.07.2024 passed by the 1st respondent in COLTNV/428/2019-A4 quash the same and consequently direct the respondents herein to provide suitable employment to petitioner on compassionate appointment within a stipulated time period in accordance with law.

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

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WP(MD). No.23600 of 2025

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For Petitioner : Mr.M.Ramesh For Respondents : Mr.K.Balasubramanian Special Government Pleader

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ORDER

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By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

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This writ petition is filed challenging the impugned order dated 11.07.2024 passed by the 1^st respondent in COLTNV/428/2019-A4 and consequently direct the respondents herein to provide suitable employment to petitioner on compassionate appointment within a stipulated time period in accordance with law.

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The grievance of the petitioner is that the petitioner's father expired on 28.11.2018 due to illness, while in employment. Her father was working as Village Assistant. Including the petitioner, there are six legal heirs for the deceased father. While so, immediately after the death of the father, the petitioner's mother submitted an application seeking compassionate appointment for the petitioner on 28.12.2018 along with

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

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WP(MD). No.23600 of 2025

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necessary certificates including no objection certificate from other legal heirs. However, the respondents rejected the case of the petitioner vide impugned order dated 11.07.2024 on the ground that the petitioner being married is not entitled to be considered for appointment on compassionate grounds. Hence, the writ petition

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The learned counsel for the petitioner would submit that indigent circumstances of the deceased family is to be looked into by the employer and the dependency ought to have been considered and when the petitioner is a dependant of the deceased, the entire family is in indigent circumstances. Hence, he prays for interference.

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Per contra, the learned Special Government Pleader would submit that the issue is no longer res integra inasmuch as it has been decided by the Division Bench of this Court that the married daughter is not entitled to seek any appointment on compassionate grounds and that she is not the dependant of the family. To that extent, the respondent has also issued a detailed Government orders vide G.O.Ms.No.33 dated 08.03.2023 pursuant to the order of the Division Bench. Hence, on that

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

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WP(MD). No.23600 of 2025

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dismissal.

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basis, the impugned order of rejection has been passed and prays for dismissal.

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I have considered the rival submissions and perused the materials available on record.

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At the outset, it is to be pointed out that the issue arises for consideration in this writ petition is no longer res integra in view of the order of the Division Bench of this Court. Pursuant to the said decision of this Court, the Government has also issued G.O.Ms.No.33 dated 08.03.2023, in and by which, the Government has categorically held that the married daughter is not entitled to be considered for appointment on compassionate grounds. It is also to be noted that as per Rule position also, since the petitioner is a married daughter, her case could not be considered.

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

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WP(MD). No.23600 of 2025

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In view of the above, no grounds are made out to interfere with the impugned order of the respondents. Accordingly, the Writ petition is dismissed. No costs. Consequently connected Miscellaneous Petition is closed.

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14.08.2025

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NCC : Yes/No Index : Yes/No RR

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