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T.Karunakaran v. The Managing Director

Madras HC18 Jun 2026WP(MD)/14763/2026

Case brief

AI extract

What is this about?

compassionate appointment; writ of mandamus; Article 226; Madurai Bench of Madras High Court; Tamil Nadu State Transport Corporation (Kumbakonam)/(Kumbkonam) Limited; deceased Driver Late R.Thiruvannamalai died 07.11.2010; petitioner registered at serial number 87; 5% of total sanctioned strength ceiling; Rule 12 of the Rules; G.O.(Ms.)No.33 Labour Welfare and Skill Development (Q1) Department dated 08.03.2023; disposed with as-and-when-turn-arises direction; no costs.

What did the court decide?

Writ petition disposed of with respondent Corporation's contentions placed on record and respondents directed to provide compassionate appointment to the petitioner as and when his turn comes up for consideration; no costs. ¶32

T.Karunakaran Vs The Managing Director — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ of mandamus can issue directing the respondents to provide compassionate appointment to the petitioner (legal heir of deceased employee Late R.Thiruvannamalai) contrary to the scheme governing compassionate appointments (5% ceiling under Rule 12 of the Rules per G.O.(Ms.)No.33 dated 08.03.2023).

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Court's answer

This Court held that there cannot be any mandamus directing the respondents to provide compassionate appointment contrary to the scheme governing the field (the 5% sanctioned-strength ceiling described in the respondents' counter affidavit under Rule 12 of the Rules and G.O.(Ms.)No.33 dated 08.03.2023); accordingly no mandamus forcing immediate appointment contrary to that scheme could issue.

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Ratio / Principle

Disposing of the petition, the Court placed on record the contentions raised by the respondent Corporation and directed the respondents to provide compassionate appointment to the petitioner as and when his turn comes up for consideration; no costs were ordered.

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Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), WP(MD). No.14763 of 2026, decided 18/06/2026 by Justice Mummineni Sudheer Kumar: T.Karunakaran, legal heir of Late R.Thiruvannamalai (Driver in Tamil Nadu State Transport Corporation, died in service 07.11.2010), sought a mandamus for compassionate appointment. Respondents' counter affidavit confirmed the petitioner was found eligible and registered at serial number 87, but G.O.(Ms.)No.33, Labour Welfare and Skill Development (Q1) Department, dated 08.03.2023 caps compassionate-ground appointments at 5% of total sanctioned strength, a restriction enforced under Rule 12 of the Rules. The Court held no mandamus can issue directing compassionate appointment contrary to the scheme governing the field, disposed of the petition, and directed the respondents to appoint the petitioner as and when his turn comes up; no costs.

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WP(MD). No.14763 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 18/06/2026

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CORAM

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THE HON'BLE MR. JUSTICE MUMMINENI SUDHEER KUMAR

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WP(MD). No.14763 of 2026 T.Karunakaran ... Petitioner

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The Managing Director, Tamil Nadu State Transport Corporation (Kumbkonam) Limited, Railway Station Road, John Selvaraj Nagar, Kumbakonam, Thanjavur District.

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The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Karaikudi Region, Sivagangai District.

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... Respondents

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PRAYER :- Writ Petition filed under Article 226 of the Constitution of

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India, praying this Court to issue a Writ of Mandamus directing the respondents to provide compassionate appointment to the petitioner on compassionate grounds as legal heir of the deceased employee Late R.Thiruvannamalai within a stipulated time.

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

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WP(MD). No.14763 of 2026

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For Petitioner : Mr.V.Selvakumar

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For Respondents : Mr.S.C.Herold Singh

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ORDER

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This writ petition has been filed seeking a writ of mandamus directing the respondents to provide compassionate appointment to the petitioner on compassionate grounds as legal heir of the deceased employee Late R.Thiruvannamalai within a stipulated time.

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2. The case of the petitioner is that his father by name, Late R.Thiruvannamalai, who worked as Driver in the respondent Corporation expired on 07.11.2010 while in service. In view of the same, the petitioner has submitted an application for compassionate appointment. But the respondents have not taken any action on the application submitted by the petitioner and no compassion appointment has been provided for the past sixteen years. Hence, the petitioner approached this Court by filing the present writ petition.

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

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WP(MD). No.14763 of 2026

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3. In response to the notice issued by this Court, the respondents

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filed a counter affidavit stating that the claim of the petitioner was already considered by the respondents and he was found eligible for compassionate appointment and accordingly, his name was entered in the register at serial number 87 and he would be provided with appointment as and when his turn comes up for consideration.

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4. It is further submitted that in terms of the orders issued by the Government in G.O.(Ms.)No.33, Labour Welfare and Skill Development (Q1) Department, dated 08.03.2023, whereby it is mentioned that at any point of time, the persons appointed on compassionate ground shall not exceed 5% of the total sanctioned strength. Because of the same restriction imposed under Rule 12 of the Rules, the respondent Corporation could not provide compassion appointment to all the dependents immediately on the demise of the employees. Thus, it is submitted that the petitioner would be provided with appointment as and when his turn comes up at consideration.

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

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WP(MD). No.14763 of 2026

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5. In the light of the above, there cannot be any mandamus

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directing the respondents to provide compassionate appointment contrary to the scheme governing the field.

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6. In the circumstances, this writ petition is disposed of duly placing on record the contentions raised by the respondent Corporation and directing the respondents to provide with the compasionate appointment to the petitioner as and when his turn comes up for consideration. No costs.

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18.06.2026 NCC : Yes/No Index : Yes/No Internet : Yes/No CM

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

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WP(MD). No.14763 of 2026

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The Managing Director, Tamil Nadu State Transport Corporation (Kumbkonam) Limited, Railway Station Road, John Selvaraj Nagar, Kumbakonam, Thanjavur District.

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