High Court · 2025
Case Details
W.A.No.707 of 2025------------------------IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 24.03.2025CORAM:THE HONOURABLE MR.JUSTICE R.SUBRAMANIANANDTHE HONOURABLE MR.JUSTICE G.ARUL MURUGANW.A.No.707 of 2025andC.M.P.No.6058 of 20251.The State of Tamil Nadu, Rep. by its Secretary to Government, Social Welfare Department, Fort St. George, Chennai - 600 009. 2.The Director of Social Welfare Department, Nagireddy Garden, SIDCO Old Building Complex, Guindy, Chennai - 600 032.3.The District Collector, Villupuram District, Villupuram - 605 602. ... AppellantsVs.V.Sivabalan... RespondentPRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to set aside the order dated 30.06.2023 made in W.P.No.24581 of 2019 and allow ----------------------Page No.: 1 of 9 https://www.mhc.tn.gov.in/judis W.A.No.707 of 2025------------------------this Writ Appeal.For Appellants: Mr.P.Ananda Kumar, Government AdvocateFor Respondent: Mr.M.Padmanaban******J U D G M E N T(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) The State is on appeal aggrieved by the direction issued by the learned Single Judge to consider the respondent for compassionate appointment as a Noon Meal Organizer in the place of his deceased father. 2. The father of the petitioner Mr.Varadaraj was working as a Noon Meal Organizer in Kadavanur Middle School, Rishivandiaym, Villupuram District. He died in harness on 22.09.2013. The petitioner applied to the post on compassionate ground. The said application was forwarded to the Director of Social Welfare and Nutritious Meal Department seeking relaxation, since as per the Rules in force only a Female heir could be appointed on compassionate grounds and only in cases where the Female heir is not available, a Male heir can be appointed, that too after obtaining relaxation from the Government. --------------------- Page No.: 2 of 9 https://www.mhc.tn.gov.in/judis W.A.No.707 of 2025------------------------3. The Director of Social Welfare and Nutritious Meal Department by communication dated 20.03.2017 informed the District Collector that only Female heirs could be appointed on compassionate grounds and the applicant/ respondent being the Male heir cannot be considered. This was challenged in W.P.No.21526 of 2017. This Court while setting aside the said order on 27.07.2018 directed the respondents to reconsider and pass orders afresh. 4. By the order impugned in the writ petition dated 30.10.2018 the respondent reiterated the very same position and rejected the application. A similar case which was relied upon by the petitioner was distinguished stating that it was considered as a special case and even in the order appointing the said Ramachandran on compassionate grounds it was made clear that it should not be treated as a precedent.5. The writ Court found that the rejection is devoid of merits. Therefore, the writ Court directed the respondents to consider the case of the petitioner, since the Female legal heir, sister of the respondent was already married and was not willing to take up the appointment. 6. We have heard Mr.P.Ananda Kumar, learned Government Advocate ----------------------Page No.: 3 of 9 https://www.mhc.tn.gov.in/judis W.A.No.707 of 2025------------------------appearing for the appellants and Mr.M.Padmanaban, learned counsel appearing for the respondent. 7. The issue of compassionate appointment during the relevant period viz., the date of death of the incumbent in Noon Meal Scheme is governed by a specific Government Order in G.O.Ms.No.198, Social Welfare and Nutritious Meal (NMP-2) Department, dated 25.10.2007 and the relevant portion of it reads as follows:-5/ nkny Ie;jpy; gof;fg;gl;l gy;ntW rj;Jzt[ gzpahsh;fs;- CHpah; r';f';fspd; nfhhpf;ifapid muR ftdKld; ghprPyid bra;J. mth;fsJ nfhhpf;ifapid Vw;W gpd;tUkhW Miz btspaplg;gLfpwJ/➢muRg; gzpapl';fspy; fhypg;gzpapl';fis g{h;j;jp bra;a fUiz mog;gilapyhd gzp epakd';fSf;F tpjpf;fg;gl;l jilahiz tpyf;fpf; bfhs;sg;gl;l epiyapy;. g[ul;rpj; jiyth; vk;/$p/Mh; rj;Jzt[j; jpl;lk;. xU';fpize;J FHe;ijfs; tsh;r;rp gzpfs; jpl;lk; Mfpa jpl;l';fspy; gzpahw;wp tUk;nghJ fhykhd gzpahsh;fspd; bgz; thhpRjhuh;fSf;F rj;Jzt[j; jpl;l';fspy; rj;Jzt[ mikg;ghsh;- FHe;ijfs; ika gzpahsh;- rj;Jzt[ rikayh;. cjtpahsh; kw;Wk; FHe;ijfs; ika --------------------- Page No.: 4 of 9 https://www.mhc.tn.gov.in/judis W.A.No.707 of 2025------------------------cjtpahsh;fshf gzp epakdk; bra;a me;je;j khtl;l Ml;rpj; jiyth;fSf;F mDkjp mspf;fg;gLfpwJ/ mt;thW gzpepakdk; bra;J tpl;L mJ gw;wpa tptu';fis muRf;F bjhptpf;f ntz;Lk;/➢brd;id khefuhl;rp FHe;ijfs; ika';fspy; gzpahw;Wk; gzpahsh;fspd; bgz; thhpRjhuUf;F fUiz mog;gilapy; gzp tH';f ,af;Feh;. xU';fpize;j FHe;ijfs; tsh;r;rp gzpfs; jpl;lk;. brd;id = 113 mth;fSf;Fk;. g[ul;rpj; jiyth; vk;/$p/Mh;/ rj;Jzt[j; jpl;l gzpahsh;fspd; bgz; thhpRjhuUf;F fUiz mog;gilapy; gzp tH';f rK:f ey ,af;Feh; mth;fSf;Fk; mjpfhuk; tH';fp Miz btspaplg;gLfpwJ/➢nkw;fhQqk; fUiz mog;gilapyhd gzp epakd'f;Sf;F fy;tpj; jFjp. taJ. J}ur; Rw;wst[ bgz; thhpR ,y;yhj epiyapy; Mz; thhpRjhuUf;F gzp tH';Fjy; nghd;w neh;t[fSf;F tpjpj; jsh;t[fs; VJk; njitg;god; muRf;F jf;f Kd;bkhHpt[fis mDg;gp murpd; Kd; mDkjp bgw ntz;Lk; vdt[k; Miz btspaplg;gLfpwJ/ 8. It was this Government Order that was in force at the time when the father of the respondent died. Therefore, the same should be followed. The said Government Order makes it clear that wherever there is no Female heir, ----------------------Page No.: 5 of 9 https://www.mhc.tn.gov.in/judis W.A.No.707 of 2025------------------------who will satisfy the educational qualification, age and the distance criteria, the Male heir can be appointed after obtaining permission from the Government. 9. The learned Government Advocate would however seek to rely upon G.O.Ms.No.48, Social Welfare and NMP Department, dated 18.08.2021 by which the enabling provision to appoint Male legal heir was repealed. 10. That Government Order came into force only on 18.08.2021 and therefore the same cannot be applied to the case of the respondent. The Government Order that was in force as on the date of death of his father viz., 22.09.2013 should be applied and not any subsequent Government Orders. The other Government Orders viz., G.O.Ms.No.33, Labur Welfare and Skill Development (Q1) Department, dated 08.03.2023 or G.O.Ms.No.18, Labour and Employment Department, dated 23.01.2020 will not apply to the compassionate appointment made on the death of a staff under the Noon Meal Scheme. Therefore, we find that power is available with the Government to permit appointment of a Male legal heir in the absence of a Female legal heir under the compassionate appointment scheme. --------------------- Page No.: 6 of 9 https://www.mhc.tn.gov.in/judis W.A.No.707 of 2025------------------------11. In the case on hand it is the specific case of the respondent that his sister is already married and she is living with her husband away from the village where the father was working. Therefore, she is not eligible for appointment on compassionate grounds. Hence, it is the respondent who would be qualified. 12. We are, therefore, unable to fault the writ Court for having directed the Government to consider the appointment of the respondent on compassionate grounds by relaxing the conditions. Hence, we see no reason to interfere with the order of the writ Court. 13. The Writ Appeal fails and it is accordingly dismissed. There will be a direction to the 1st appellant to issue necessary approval/ concurrence for appointment of the respondent as Noon Meal Organizer on compassionate grounds within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed. (R.S.M.,J.) (G.A.M.,J.) ----------------------Page No.: 7 of 9 https://www.mhc.tn.gov.in/judis W.A.No.707 of 2025------------------------24.03.2025 dsaIndex: NoNeutral Citation : NoSpeaking orderTo1.The Secretary to Government, State of Tamil Nadu, Social Welfare Department, Fort St. George, Chennai - 600 009. 2.The Director of Social Welfare Department, Nagireddy Garden, SIDCO Old Building Complex, Guindy, Chennai - 600 032.3.The District Collector, Villupuram District, Villupuram - 605 602.--------------------- Page No.: 8 of 9 https://www.mhc.tn.gov.in/judis W.A.No.707 of 2025------------------------R.SUBRAMANIAN, J.andG.ARUL MURUGAN, J.dsaW.A.No.707 of 202524.03.2025----------------------Page No.: 9 of 9
W.A.No.707 of 2025------------------------IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 24.03.2025CORAM:THE HONOURABLE MR.JUSTICE R.SUBRAMANIANANDTHE HONOURABLE MR.JUSTICE G.ARUL MURUGANW.A.No.707 of 2025andC.M.P.No.6058 of 20251.The State of Tamil Nadu, Rep. by its Secretary to Government, Social Welfare Department, Fort St. George, Chennai - 600 009. 2.The Director of Social Welfare Department, Nagireddy Garden, SIDCO Old Building Complex, Guindy, Chennai - 600 032.3.The District Collector, Villupuram District, Villupuram - 605 602. ... AppellantsVs.V.Sivabalan... RespondentPRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to set aside the order dated 30.06.2023 made in W.P.No.24581 of 2019 and allow ----------------------Page No.: 1 of 9 https://www.mhc.tn.gov.in/judis W.A.No.707 of 2025------------------------this Writ Appeal.For Appellants: Mr.P.Ananda Kumar, Government AdvocateFor Respondent: Mr.M.Padmanaban******J U D G M E N T(Judgment of the Court was delivered by R.SUBRAMANIAN, J.) The State is on appeal aggrieved by the direction issued by the learned Single Judge to consider the respondent for compassionate appointment as a Noon Meal Organizer in the place of his deceased father. 2. The father of the petitioner Mr.Varadaraj was working as a Noon Meal Organizer in Kadavanur Middle School, Rishivandiaym, Villupuram District. He died in harness on 22.09.2013. The petitioner applied to the post on compassionate ground. The said application was forwarded to the Director of Social Welfare and Nutritious Meal Department seeking relaxation, since as per the Rules in force only a Female heir could be appointed on compassionate grounds and only in cases where the Female heir is not available, a Male heir can be appointed, that too after obtaining relaxation from the Government. --------------------- Page No.: 2 of 9 https://www.mhc.tn.gov.in/judis W.A.No.707 of 2025------------------------3. The Director of Social Welfare and Nutritious Meal Department by communication dated 20.03.2017 informed the District Collector that only Female heirs could be appointed on compassionate grounds and the applicant/ respondent being the Male heir cannot be considered. This was challenged in W.P.No.21526 of 2017. This Court while setting aside the said order on 27.07.2018 directed the respondents to reconsider and pass orders afresh. 4. By the order impugned in the writ petition dated 30.10.2018 the respondent reiterated the very same position and rejected the application. A similar case which was relied upon by the petitioner was distinguished stating that it was considered as a special case and even in the order appointing the said Ramachandran on compassionate grounds it was made clear that it should not be treated as a precedent.5. The writ Court found that the rejection is devoid of merits. Therefore, the writ Court directed the respondents to consider the case of the petitioner, since the Female legal heir, sister of the respondent was already married and was not willing to take up the appointment. 6. We have heard Mr.P.Ananda Kumar, learned Government Advocate ----------------------Page No.: 3 of 9 https://www.mhc.tn.gov.in/judis W.A.No.707 of 2025------------------------appearing for the appellants and Mr.M.Padmanaban, learned counsel appearing for the respondent. 7. The issue of compassionate appointment during the relevant period viz., the date of death of the incumbent in Noon Meal Scheme is governed by a specific Government Order in G.O.Ms.No.198, Social Welfare and Nutritious Meal (NMP-2) Department, dated 25.10.2007 and the relevant portion of it reads as follows:-5/ nkny Ie;jpy; gof;fg;gl;l gy;ntW rj;Jzt[ gzpahsh;fs;- CHpah; r';f';fspd; nfhhpf;ifapid muR ftdKld; ghprPyid bra;J. mth;fsJ nfhhpf;ifapid Vw;W gpd;tUkhW Miz btspaplg;gLfpwJ/➢muRg; gzpapl';fspy; fhypg;gzpapl';fis g{h;j;jp bra;a fUiz mog;gilapyhd gzp epakd';fSf;F tpjpf;fg;gl;l jilahiz tpyf;fpf; bfhs;sg;gl;l epiyapy;. g[ul;rpj; jiyth; vk;/$p/Mh; rj;Jzt[j; jpl;lk;. xU';fpize;J FHe;ijfs; tsh;r;rp gzpfs; jpl;lk; Mfpa jpl;l';fspy; gzpahw;wp tUk;nghJ fhykhd gzpahsh;fspd; bgz; thhpRjhuh;fSf;F rj;Jzt[j; jpl;l';fspy; rj;Jzt[ mikg;ghsh;- FHe;ijfs; ika gzpahsh;- rj;Jzt[ rikayh;. cjtpahsh; kw;Wk; FHe;ijfs; ika --------------------- Page No.: 4 of 9 https://www.mhc.tn.gov.in/judis W.A.No.707 of 2025------------------------cjtpahsh;fshf gzp epakdk; bra;a me;je;j khtl;l Ml;rpj; jiyth;fSf;F mDkjp mspf;fg;gLfpwJ/ mt;thW gzpepakdk; bra;J tpl;L mJ gw;wpa tptu';fis muRf;F bjhptpf;f ntz;Lk;/➢brd;id khefuhl;rp FHe;ijfs; ika';fspy; gzpahw;Wk; gzpahsh;fspd; bgz; thhpRjhuUf;F fUiz mog;gilapy; gzp tH';f ,af;Feh;. xU';fpize;j FHe;ijfs; tsh;r;rp gzpfs; jpl;lk;. brd;id = 113 mth;fSf;Fk;. g[ul;rpj; jiyth; vk;/$p/Mh;/ rj;Jzt[j; jpl;l gzpahsh;fspd; bgz; thhpRjhuUf;F fUiz mog;gilapy; gzp tH';f rK:f ey ,af;Feh; mth;fSf;Fk; mjpfhuk; tH';fp Miz btspaplg;gLfpwJ/➢nkw;fhQqk; fUiz mog;gilapyhd gzp epakd'f;Sf;F fy;tpj; jFjp. taJ. J}ur; Rw;wst[ bgz; thhpR ,y;yhj epiyapy; Mz; thhpRjhuUf;F gzp tH';Fjy; nghd;w neh;t[fSf;F tpjpj; jsh;t[fs; VJk; njitg;god; muRf;F jf;f Kd;bkhHpt[fis mDg;gp murpd; Kd; mDkjp bgw ntz;Lk; vdt[k; Miz btspaplg;gLfpwJ/ 8. It was this Government Order that was in force at the time when the father of the respondent died. Therefore, the same should be followed. The said Government Order makes it clear that wherever there is no Female heir, ----------------------Page No.: 5 of 9 https://www.mhc.tn.gov.in/judis W.A.No.707 of 2025------------------------who will satisfy the educational qualification, age and the distance criteria, the Male heir can be appointed after obtaining permission from the Government. 9. The learned Government Advocate would however seek to rely upon G.O.Ms.No.48, Social Welfare and NMP Department, dated 18.08.2021 by which the enabling provision to appoint Male legal heir was repealed. 10. That Government Order came into force only on 18.08.2021 and therefore the same cannot be applied to the case of the respondent. The Government Order that was in force as on the date of death of his father viz., 22.09.2013 should be applied and not any subsequent Government Orders. The other Government Orders viz., G.O.Ms.No.33, Labur Welfare and Skill Development (Q1) Department, dated 08.03.2023 or G.O.Ms.No.18, Labour and Employment Department, dated 23.01.2020 will not apply to the compassionate appointment made on the death of a staff under the Noon Meal Scheme. Therefore, we find that power is available with the Government to permit appointment of a Male legal heir in the absence of a Female legal heir under the compassionate appointment scheme. --------------------- Page No.: 6 of 9 https://www.mhc.tn.gov.in/judis W.A.No.707 of 2025------------------------11. In the case on hand it is the specific case of the respondent that his sister is already married and she is living with her husband away from the village where the father was working. Therefore, she is not eligible for appointment on compassionate grounds. Hence, it is the respondent who would be qualified. 12. We are, therefore, unable to fault the writ Court for having directed the Government to consider the appointment of the respondent on compassionate grounds by relaxing the conditions. Hence, we see no reason to interfere with the order of the writ Court. 13. The Writ Appeal fails and it is accordingly dismissed. There will be a direction to the 1st appellant to issue necessary approval/ concurrence for appointment of the respondent as Noon Meal Organizer on compassionate grounds within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed. (R.S.M.,J.) (G.A.M.,J.) ----------------------Page No.: 7 of 9 https://www.mhc.tn.gov.in/judis W.A.No.707 of 2025------------------------24.03.2025 dsaIndex: NoNeutral Citation : NoSpeaking orderTo1.The Secretary to Government, State of Tamil Nadu, Social Welfare Department, Fort St. George, Chennai - 600 009. 2.The Director of Social Welfare Department, Nagireddy Garden, SIDCO Old Building Complex, Guindy, Chennai - 600 032.3.The District Collector, Villupuram District, Villupuram - 605 602.--------------------- Page No.: 8 of 9 https://www.mhc.tn.gov.in/judis W.A.No.707 of 2025------------------------R.SUBRAMANIAN, J.andG.ARUL MURUGAN, J.dsaW.A.No.707 of 202524.03.2025----------------------Page No.: 9 of 9