Theeran Thirumurugan @ Thirumurugan vs The Chief Secretary on 27 July, 2026

    0
    4
    ADVERTISEMENT

    Madras High Court

    Theeran Thirumurugan @ Thirumurugan vs The Chief Secretary on 27 July, 2026

    Author: C.V. Karthikeyan

    Bench: C.V. Karthikeyan

        2026:MHC:3139
    
    
    
                                                                 W.P.(MD)Nos.19539, 19658 and 20653 of 2026
    
                              BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                                   DATED: 27.07.2026
                                                         CORAM
                                  THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN
                                                           and
                                      THE HONOURABLE MR.JUSTICE R.SAKTHIVEL
    
                                        W.P.(MD)Nos.19539, 19658 and 20653 of 2026
                                                           and
                                               W.M.P.(MD)No.14536 of 2026
    
                         W.P.(MD)No.19539 of 2026:-
    
                         Theeran Thirumurugan @ Thirumurugan                          ... Petitioner
    
                                                           vs.
                         1.The Chief Secretary,
                         Government of Tamil Nadu,
                         Secretariat, Chennai 600 009.
    
                         2.The Additional Chief Secretary,
                         Human Resources Management Department,
                         Government of Tamil Nadu,
                         Secretariat, Chennai 600 009.
    
                         3.The Secretary,
                         Personnel and Administrative Reforms Department,
                         Government of Tamil Nadu,
                         Secretariat, Chennai 600 009.
    
                         4.The Secretary,
                         Home Department,
                         Government of Tamil Nadu,
                         Secretariat, Chennai 600 009.
    
    
                         1/50
    
    
    
    
    https://www.mhc.tn.gov.in/judis
                                                                W.P.(MD)Nos.19539, 19658 and 20653 of 2026
    
    
    
                         5.The Secretary,
                         Revenue and Disaster Management Department,
                         Government of Tamil Nadu,
                         Secretariat, Chennai 600 009.
    
                         6.The District Collector,
                         Karur District, Collectorate, Karur.
    
                         7.The Member Secretary,
                         Tamil Nadu Public Service Commission,
                         TNPSC Road, V.O.C. Nagar, Park Town,
                         Chennai, Tamil Nadu, India - 600 003.                       ... Respondents
    
                         (The 7th respondent was suo motu impleaded vide order of this Court,
                         dated 10.07.2026)
    
                         PRAYER: Writ Petition filed under Article 226 of the Constitution of
                         India for issuance of Writ of Mandamus, to direct the respondents 1 - 6 to
                         forbear from issuing or implementing any Government appointment
                         orders arising out of the Karur stampede incident until the proceedings
                         pending before the Hon'ble Supreme Court in relation to the said incident
                         attain finality.
    
    
                                       For Petitioner    :Mr.W.Cleetus
                                       For R1 to R6      :Mr.Vijay Narayan
                                                         Advocate General
                                                         assisted by Mr.M.P.Senthil
                                                         Counsel for State of Tamil Nadu
                                                          and Mr.Akash Srinandha
                                       For R7            :Mr.P.V.Balasubramanian
                                                         Additional Advocate General
                                                         assisted by Mr.J.Anand Kumar
    
                         2/50
    
    
    
    
    https://www.mhc.tn.gov.in/judis
                                                                  W.P.(MD)Nos.19539, 19658 and 20653 of 2026
    
                         W.P(MD)No.19658 of 2026:-
    
                         Seeni Ahamed                                                  ... Petitioner
    
                                                            vs.
                         1.The Chief Secretary,
                         Government of Tamil Nadu,
                         Secretariat, Fort St. George,
                         Chennai 600 009.
    
                         2.The Additional Chief Secretary to Government,
                         Personnel and Administrative Reforms Department,
                         Secretariat, Fort St. George,
                         Chennai 600 009.
    
                         3.The Secretary,
                         Tamil Nadu Public Service Commission,
                         TNPSC Road, V.O.C.Nagar, Park Town,
                         Chennai- 600 003, Tamil Nadu, India.
    
                         4.The Directorate of Employment and Training (DET),
                         Commissionarate of Employment and Training,
                         Thiru. Vi. Ka. Industrial Estate,
                         Alandur Road, Guindy, Chennai 600 032.
    
                         5.The Director, CBI,
                         Central Bureau of Investigation,
                         Chennai Zonal Office, Chennai.
    
                         6.The Superintendent of CBI,
                         O/o. Superintendent of CBI,
                         3rd Floor, Shastri Bhawan, No. 26,
                         Haddows Road, Nungambakkam, Chennai.
    
    
                         7.The Inspector of Police,
                         Karur Town Police Station, Karur District.
    
    
                         3/50
    
    
    
    
    https://www.mhc.tn.gov.in/judis
                                                                W.P.(MD)Nos.19539, 19658 and 20653 of 2026
    
    
    
                         8.N.Anand,
                         General Secretary,
                         The Party Headquarters,
                         Tamilaga Vettri Kazhagam (TVK),
                         8th Avenue, Panaiyur, Chennai,
                         Tamil Nadu-600 119.                                 ... Respondents
    
                         PRAYER: Writ Petition filed under Article 226 of the Constitution of
                         India for issuance of Writ of Mandamus, to restrain the respondent Nos.1
                         to 3 from giving effect to the proposed scheme of granting Government
                         employment to the family members of the deceased victims of the Karur
                         stampede (Crime No.855 of 2025) now the file of Respondent No.6 and
                         consequently direct respondents 5 and 6 to examine and report to this
                         Court whether the proposed conferment of Government employment on
                         the said families is capable of affecting the fairness of the ongoing
                         investigation and to take such steps as may be warranted in law.
    
                                      For Petitioner   :Mr.S.M.A.Jinnah,
                                                       for Mr.A.Mohammed Rashid
                                      For R1, R2 and R4:Mr.Vijay Narayan
                                                       Advocate General
                                                       assisted by Mr.M.P.Senthil
                                                       Counsel for State of Tamil Nadu
                                                       and Mr.Akash Srinandha
                                      For R3           :Mr.P.V.Balasubramanian
                                                       Additional Advocate General
                                                       assisted by Mr.J.Anand Kumar
                                      For R5 and R6    :Mr.N.Mohideen Basha
                                                       Special Public Prosecutor for CBI
                                      For R7           :Mr.S.Arun Arockiasamy
                                                       Government Advocate (crl.side)
    
    
                         4/50
    
    
    
    
    https://www.mhc.tn.gov.in/judis
                                                                   W.P.(MD)Nos.19539, 19658 and 20653 of 2026
    
                         W.P(MD)No.20653 of 2026:-
    
                         P.Santhosh Kumar                                       ... Petitioner
    
                                                             vs.
    
                         1.The State Rep. by its Principal Secretary,
                         Home Department,
                         Government of Tamil Nadu,
                         Secretariat, Fort St.George,
                         Chennai-600 009.
    
                         2.The State Rep. by its Principal Secretary,
                         Human Resources Management Department,
                         Government of Tamil Nadu,
                         Fort St.George, Chennai-600 009.
    
                         3.The District Collector,
                         Office of the District Collector,
                         Karur, Karur District.                         ... Respondents
    
                         PRAYER: Writ Petition filed under Article 226 of the Constitution of
                         India for issuance of Writ of Mandamus, to direct the respondents to
                         refrain from issuing any Government Order or taking any administrative
                         action granting public Government employment to the next of kin of the
                         41 deceased persons in the Velusamypuram, Karur District, stampede
                         incident, as any such action would be contrary to Articles 14 and 16 of
                         the Constitution of India and principles of merit based requirement by the
                         way of considering the petitioner's representation dated 08.07.2026 in
                         accordance with law within the time stipulated by this Court.
    
    
    
    
                         5/50
    
    
    
    
    https://www.mhc.tn.gov.in/judis
                                                                    W.P.(MD)Nos.19539, 19658 and 20653 of 2026
    
                                           For Petitioner  :Mr.R.Rajaselvan
                                           For Respondents :Mr.Vijay Narayan
                                                           Advocate General
                                                           assisted by Mr.M.P.Senthil
                                                           Counsel for State of Tamil Nadu
                                                           and Mr.Akash Srinandha
                                                             *****
    
                                                        COMMON ORDER
    
    

    (Order of the Court was made by C.V.KARTHIKEYAN, J.)

    All the three Writ Petitions have been filed in the nature of a

    SPONSORED

    Mandamus as a Public Interest Litigation seeking restraint against the

    respondents from issuing any Government Order or taking any

    administrative action granting public appointment or Government

    appointment for the family members of the victims of what is commonly

    called Karur stampede incident.

    2.It had been stated that grant of such employment would be

    directly in violation of the stipulations, as provided under Articles 14 and

    16 of the Constitution of India. It had also been stated that the issue

    relating to Karur stampede is pending before the Hon’ble Supreme Court

    and the investigation has been transferred to the Central Bureau of

    6/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    Investigation and is monitored by a former Judge of the Hon’ble Supreme

    Court. It had been stated that when the situation is nascent and still live

    and no definite conclusion had been reached as to the manner in which

    the Karur stampede took place, it was not proper on the part of the

    Government to extend succor to the family members of the victims by

    offering them Government/public appointments.

    3.The first Writ Petition is W.P.(MD)No.19539 of 2026. The

    records show that it was filed on 08.07.2026 in the nature of a

    Mandamus. The Government had, however, passed G.O.Ms.No.544,

    Revenue and Disaster Management (Ser-9) Department on 06.07.2026

    granting appointments to 32 named individuals. It had been stated that

    this order had been passed or rather these public appointments had been

    done on compassionate grounds after taking into note the tragedy which

    had occurred leading to the death of 41 unfortunate individuals. It had

    also been stated that the Government had taken note of the reports of the

    District Collectors of Karur, Erode, Tirupur, Dindigul and Salem and also

    the Additional Chief Secretary/Revenue Secretary of the Government,

    who had also given their recommendations and accordingly, a decision

    7/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    had been taken to grant public appointments to the said named

    individuals.

    4.The Writ Petitions came up for admission on 10.07.2026. It was

    informed that on that very day in the afternoon, a function was to be held,

    wherein, appointment orders were scheduled to be handed over to the

    beneficiaries at around 03.00 pm. It was also contented that an

    intervening application had been filed before the Hon’ble Supreme Court

    in I.A.No.187811 of 2026 and one of the specific grounds taken was the

    Government had come forward to grant compassionate appointment,

    when ex gratia assistance had already been granted to them. However,

    when the matter was actually heard by the Hon’ble Supreme Court, the

    intervening application was withdrawn with liberty to pursue such other

    remedy as the petitioner therein thought fit or was available to the

    petitioner therein. Taking into consideration the facts, at that juncture, we

    had expressed that it would have been extremely narrow to intervene or

    put a halt to a function during which the said appointment orders were to

    be issued. We had however made it very clear that the function is being

    permitted to proceed further only on the condition that the employments

    8/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    would be on temporary basis and subject to judicial review. We had also

    expressed our opinion that we should be put in a position to hear the

    matters before the prospective individuals to whom employment had

    been offered receive their first salary. We had permitted the function to

    proceed on that condition.

    5.We must express our deep gratitude to all the members across the

    Bar, to the learned Advocate General, to the learned Additional Advocate

    General and to all the assisting Government Counsels and also to the

    learned Counsels for the petitioners who finalised the pleadings and

    presented us with adequate assistance to enable us to deliver this order

    before those who had been offered employment had actually received

    their first salary.

    6.One of the issues which had been taken up by the learned

    Advocate General was the maintainability of these Writ Petitions. He

    questioned the maintainability on two grounds;

    1)That a Public Interest Litigation would not be maintainable

    9/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    questioning public employment or rather in service matters; and

    2)That a Writ of Mandamus could not be maintained in the teeth of

    a Government Order having been passed and the relief of Certiorari not

    being asked.

    7.With respect to the second issue, namely, the permissibility of the

    Court to traverse beyond the relief which had been sought, we are deeply

    conscious of the judgement of the Hon’ble Supreme Court reported in

    2010 (1) SCC 234 [Bharat Amratlal Kothari -vs.- Dosukhan

    Samadkhan Sindhi] wherein, in an entirely different context and in

    relation to a criminal matter, the Hon’ble Supreme Court examined the

    order of a High Court of Gujarat at Ahmedabad in a Writ Petition under

    Article 226, when the Court was not exercising authority suo motu but

    examined the validity of the order of a trial Court and granted reliefs

    which were not sought by the Writ Petitioner. It was held that it was not

    proper. The Hon’ble Supreme Court had held that the provisions of the

    Code of Civil Procedure would not normally apply to Writ Petitions, but

    general principles thereof would apply to Writ Petitions. It was,

    10/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    therefore, held that the Writ Petitioner must claim all reliefs he seeks as

    the Court would normally grant only the reliefs specifically sought.

    8.In that particular case, where, pursuant to a First Information

    Report registered against drivers and cleaners of lorries for committing

    cruelty against animals transported in trucks and the Police had seized

    the animals and had placed them in a Pinjrapole, the animal owners had

    filed an application seeking release of animals. That application had been

    rejected by the trial Court. They filed Writ Petition questioning such

    rejection. The High Court had issued a direction granting compensation

    and costs against the informant. This order was held to be improper by

    the Hon’ble Supreme Court.

    9.The Hon’ble Supreme Court while examining the correctness of a

    judgement of the Division Bench of the Himachal Pradesh High Court in

    a judgment reported in 2026 SCC OnLine SC 1319 [Union of India and

    others -vs.- Bali Ram], had held at para 37 that the rule that requires the

    parties to be strictly confined to the pleadings and the prayer clauses is

    11/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    not an inflexible rule in so far as exercise of Writ jurisdiction is

    concerned. Para 37 of the said judgment is as follows:

    “37.However, the rule that requires the parties to be
    strictly confined to the pleadings and the prayer clauses is not
    an inflexible rule insofar as exercise of writ jurisdiction is
    concerned.”

    10.It would only indicate that while exercising Writ jurisdiction, a

    flexible rule could be adopted by the Court to a limited extent. The

    Hon’ble Supreme Court explained this particular observation further in

    para 38, which reads as follows:

    “38.Justice is a virtue which transcends all barriers.
    Neither the rules of procedure nor technicalities of law can
    stand in its way. Even the law bends before justice. The entire
    concept of writ jurisdiction exercised by the higher courts is
    founded on equity and fairness (S. Nagaraj v. State of
    Karnataka
    [1993 Supp (4) SCC 595]).”

    11.In S.Nagaraj (referred supra) which, incidentally, also related

    to service law, the Hon’ble Supreme Court held that justice is a virtue

    12/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    which transcends all barriers. Neither the rules of procedure nor

    technicalities of law can stand in its way.

    12.With respect to the expanding scope of exercise of jurisdiction

    in Article 226 of the Constitution of India, the Hon’ble Supreme Court

    placed reliance on an earlier judgment of the Hon’ble Supreme Court

    reported in AIR 1966 SC 81 [Dwarka Nath -vs.- Income Tax Officer]. In

    para 39, it had been held by the Hon’ble Supreme Court as follows:

    “39.Ex facie, Article 226 which is couched in
    comprehensive phraseology confers wide power on the high
    courts to reach injustice wherever it is found. Apart from writs,
    the high courts may issue orders or directions in the nature of
    writs enabling them to mould the reliefs to meet the peculiar
    and complicated requirements of this country (see: Dwarka
    Nath v ITO
    [AIR 1966 SC 81).”

    13.While referring to Dwarka Nath, referred supra, a Three

    Judges Bench of the Hon’ble Supreme Court held that Article 226 of

    Constitution of India is couched in comprehensive phraseology and it ex

    facie confers a wide power on the High Court to reach injustice wherever

    it is found.

    13/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    14.Further, reliance had been made in paragraph No.40 to the

    judgment of the Hon’ble Supreme Court reported in (2004) 3 SCC 553

    [ABL International Limited -vs.- Export Credit Guarantee Corporation

    of India]. The Hon’ble Supreme Court while relying on the

    aforementioned judgement had held as follows:

    “40.Article 226 confers a power that is plenary,
    equitable and discretionary, and is not one bound by the
    rigidities of law. Even in the contractual field, an arbitrary
    State action could be liable to judicial review (see: ABL
    International Ltd. v Export Credit Guarantee Corporation of
    India21
    ).”

    15.It had even expanded the scope of judicial review to contractual

    field as against an arbitrary State action.

    16.In view of the said pronouncements, we are of the considered

    opinion that the issue of maintainability of these Writ Petitions on the

    ground that they have not questioned the Government Order passed

    would not lie, not only owing to the power of this Court while exercising

    extraordinary original jurisdiction under Article 226 of the Constitution

    14/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    of India, but also because we had made it very clear at the time of the

    first hearing that the appointments would certainly be subjected to

    judicial review. We would exercise our power to treat this Writ as a

    Certiorari examining the order passed by the Government.

    17.The learned Advocate General had raised another question of

    maintainability on the ground that a Public Interest Litigations cannot

    and should not be entertained, while questioning service matters or

    public appointments. In this connection, the learned Advocate General

    had placed reliance on a catena of judgments, all of which flowed from

    the reasoning given in the judgment of the Hon’ble Supreme Court

    reported in (1998) 7 SCC 273 [Dr.Duryodhan Sahu and others -vs.-

    Jitendra Kumar Mishra and others]. Specific reliance was placed on

    paragraph No.21 of the said judgment but however, we would first

    extract the facts of the case.

    18.1.The petitioner therein was a qualified Surgeon with

    Postgraduate Degree in General Surgery and was working in the

    15/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    Department of Gastroenterology in the Medical College at Cuttack as

    Assistant Surgeon. He had also worked as Lecturer in General Surgery

    for a considerable period of time. He was also assisting the Professor and

    Head of Department of Surgical Gastroenterology for about five years

    and had also obtained special training/experience in the said subject. The

    Orissa Public Service Commission had caused an advertisement for

    Junior Teacher (Lecturer) in several disciplines including Surgical

    Gastroenterology. The petitioner, with all these experience backing him,

    had applied for the said post.

    18.2.The case of the petitioner and that of another individual had

    been referred to the Public Service Commission for their opinion on their

    eligibility for selection. The other individual was recommended to the

    Government and he was appointed as Junior Teacher. Thereafter, the

    matter moved before the Central Administrative Tribunal with each

    candidate projecting that they should have been appointed and not the

    other. It was under those circumstances, against the order of the

    Administrative Tribunal, the matter finally reached before the Hon’ble

    Supreme Court.

    16/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    19.It was held that the Administrative Tribunal cannot entertain a

    Public Interest Litigation at the instance of a total stranger. Thereafter,

    after holding thus, the Hon’ble Supreme Court examined the specific case

    of the appellant before it and held that it was not necessary to hold

    whether the case of the appellant was bona fide and whether the other

    applicants had ulterior motives. Finally, the judgement of the Orissa

    Administrative Tribunal was set aside. It was under those circumstances,

    the jurisprudence arose that Public Interest Litigations would not lie

    against service matters.

    20.The learned Advocate General, had, as stated, relied on a series

    of judgments. The second judgment which he had relied on was the one

    reported in (2005) 1 SCC 590 [Dattaraj Nathuji Thaware -vs.- State of

    Maharashtra]. The appellant therein, a Lawyer, was caught red-handed

    blackmailing respondents 6 and 7 and accepting blackmailing money. It

    was under those circumstances that the High Court found that no public

    interest was involved and dismissed the said petition filed by the Lawyer,

    who had indulged in blackmailing respondents 6 and 7. The High Court

    imposed cost of Rs.25,000/- and directed the cost to be paid to the

    17/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    respondents 6 and 7. The matter reached the Hon’ble Supreme Court. The

    Hon’ble Supreme Court stated that the duty of the Court was to redress

    only genuine public wrongs or injury and public interest litigations are

    not to be used for redressal of private, publicity oriented or political

    disputes or other disputes not genuinely concerned with public interest.

    The facts herein are certainly distinguishable.

    21.The third judgment, which the learned Advocate General relied

    on was the one reported in (2007) 10 SCC 614 [Neetu -vs.-State of

    Punjab]. The challenge before the Hon’ble Supreme Court was to an

    order of a Division Bench of the Punjab and Haryana High Court. The

    respondents 1 to 6 were official respondents in the Writ Petition. The

    appellant was appointed as Audit Inspector in the Cooperative Societies

    on the basis of a Scheduled Caste certificate, though she was not a

    member of the Scheduled Caste. She had married a member of the

    Scheduled Caste. She therefore claimed that she should be granted that

    particular benefit. On this issue, the Hon’ble Supreme Court, on the said

    facts, held that a Public Interest Litigation was not maintainable and

    found that the Writ Petition had been filed owing to personal animosity.

    18/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    Again, the facts are distinguishable.

    22.The next judgment relied on by the learned Advocate General

    was the one reported in (2013) 4 SCC 465 [Ayaaubkhan Noorkhan

    Pathan -vs.- State of Maharashtra and others] where again, the caste

    certificates as Scheduled Caste, Scheduled Tribe, OBC and Minorities

    and Tribe certificates had been validated by the Scrutiny Committee and

    caste verification certificates had been granted. This was challenged. The

    Hon’ble Supreme Court held that the locus to challenge such certificates

    issued by the Scrutiny Committee will have to be and should be

    examined by the High Court and therefore, had imposed cost of

    Rs.1,00,000/- and also directed the same to be recovered as arrears of

    land revenue. The facts again are distinguishable.

    23.The further judgment relied on by the learned Advocate General

    was the one reported in (2020) 18 SCC 673 [Vishal Ashok Thorat and

    others -vs.- Rajesh Srirambapu and others] which was with respect to

    recruitment process and a selection list published and the interference of

    19/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    the selection list by the Court without permitting challenge to the

    advertisements pursuant to which the selection list had been prepared.

    The Hon’ble Supreme Court observed upon the unsustainability of such

    challenge. It was also stated that challenge by those who did not

    participate in the selection process and who are not permitted to

    challenge the advertisements cannot maintain a Writ Petition. The facts

    are again distinguishable.

    24.The learned Advocate General had also placed reliance on a

    judgment of Hon’ble Supreme Court reported in (2021) SCC 534 [State

    of Tamil Nadu and another -vs.- National South Indian River

    Interlinking Agriculturalists Association]. The Hon’ble Supreme Court

    examined an issue when the State Government extended waiver of loans

    to small and marginal farmers. The Hon’ble Supreme Court held that such

    classification was proper.

    25.In the said judgment reference had been made to the definition

    of a ‘small farmer’ and to the definition of a ‘marginal farmer’. A ‘small

    20/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    farmer’ meant a farmer, who held land of 2.5 acres to 5 acres and a

    ‘marginal farmer’ meant a farmer who held land up to 2.5 acres. This

    distinction already existed and it is for them that such waiver was

    granted. The Hon’ble Supreme Court had further examined in detail the

    difficulties such farmers faced in para No.23 and therefore, had upheld

    such classification. Para 23 of the judgment was as follows:

    “23.It has been submitted that the consumption
    expenditure of marginal and small farmers exceeds their
    estimated income by a substantial margin, and the deficits are
    covered by borrowings. The fact that 16,94,145 small and
    marginal farmers have availed of agricultural loans as
    compared to 3,01,926 farmers belonging to the ‘other
    category’ testifies that the small and marginal farmers have a
    significant capital deficit when compared to the rest of the
    farmers. A huge capital deficit, combined with a reduction in
    the agricultural income due to water scarcity and crop
    inundation due to floods has led to financial distress. Small
    and marginal farmers are resource deficient; they do not have
    borewells to overcome the drought. These farmers are usually
    dependent on large farms to access land, water, inputs, credit,
    technology, and markets. It was found that almost 40% of the
    irrigated land of large farmers was from canals, while less
    than 25% of the land of small and marginal farmers was
    irrigated by canals or borewells and they often resort to
    renting water from larger landholdings. The output of produce
    in a small and marginal farm, for instance, paddy would not be
    sufficient even to feed the small farmer’s family. Thus, a
    majority of them purchase grains at a subsidized rate from the
    Public Distribution System (since these farmers fall below the
    poverty line) so they can sell their produce.”

    21/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    26.The further two judgements relied on by the learned Advocate

    General arose from a Coordinate Division Bench of this Court in the

    Principal Bench. The first one was the one reported in 2026 SCC OnLine

    Mad 4065 [S.Vivek -vs.- Government of Tamil Nadu and others] and

    the second one was the judgment in W.P.No.18523 of 2026

    [M.Balakrishnan -vs.- Union of India and five others]. Incidentally,

    both the judgments were delivered by the same Division Bench.

    27.The first judgment was with respect to an order passed by the

    first respondent, namely the Secretary to Government, Government of

    Tamil Nadu, by which the appeals which had been filed by the 11 th and

    12th respondents had been allowed and the order of the District Collector

    directing removal from service was set aside. The Writ Petitioner

    questioned the reversal of the directions of the District Collector by the

    Secretary to Government. In those circumstances, the Division Bench

    held that the Writ Petitioner had no locus, particularly, since the matter

    was in realm of disciplinary proceedings and the Government had a

    discretion to re-examine the order of the District Collector as a revisional

    authority and therefore, relying on the earlier judgments cited above by

    22/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    us and by the learned Advocate General, held that a Public Interest

    Litigation in a service matter could not be maintained.

    28.The second judgment was with respect to grant of promotion to

    Indian Administrative Service Officers by the State of Tamil Nadu. The

    Division Bench held that such promotion comes within the executive

    power of the State and cannot be questioned by way of a Public Interest

    Litigation. The judgments referred supra had been extracted by the

    Division Bench to non suit the Writ Petitioner therein.

    29.A careful perusal of the facts of the above cases would show

    that they were specific to a particular individual or to a case of few

    individuals whose selections were questioned by those who did not

    participate in the selection process or those who had personal animosity,

    as was stated in the case relating to the certificate issued as a Scheduled

    caste member. It was therefore held that Public Interest Litigations in

    service matters could not be entertained. The case on hand is entirely

    different.

    23/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    30.It had been pointed out by the learned Advocate General that

    one of the Writ Petitions had been filed by an Advocate. The learned

    Advocate General wondered whether the Advocate aspired for the post of

    Office Assistant. However, the other two Writ Petitions have been filed

    by individuals representing specific Associations.

    31.We are not able to express any opinion whether the Advocate,

    who is one of the Writ Petitioners wanted to be appointed as an Office

    Assistant. But, however, it is clear that the Writ Petitioners have come to

    Court with a larger cause. They claim that the Government had come

    forward to grant appointments to individuals from families who died in

    Karur stampede and they claim as to why such families also should be

    granted such public employment, particularly when, in an earlier

    Government order, ex gratia of Rs.10,00,000/- had been paid to them.

    They also seek the specific circumstance which singled out the Karur

    stampede for public employment to be handed over to a member of the

    family of those who had died during the stampede.

    24/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    32.The Government has justified grant of such employment on the

    basis of four earlier instances. The Government Orders relating to the

    same had also been presented by the learned Advocate General.

    33.The first was grant of compassionate appointment to the family

    of disabled/deceased defence personnel by G.O.Ms.No.1218, dated

    03.09.1999. A perusal of the said Government Order shows that

    dependents, namely, son/unmarried daughters/widows/near relatives,

    who would take care of the family of the defence service personnel, who

    are killed/disabled in action and who died in harness should be appointed

    to a post which fell outside the purview of Tamil Nadu Public Service

    Commission.

    34.We wonder whether an army personal, who dies on the war

    front for the cause of the nation protecting this country and to ensure that

    the freedom which has been earned was preserved, could be equated to a

    member of a family who died in the Karur stampede. We are not stating

    that the members of the families who died in Karur stampede require less

    25/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    consideration. We have our full sympathy for them, but, we also ought to

    take note of the fact that fallen war heroes stand on a separate footing

    and some respect should be shown by everybody for the sacrifice they

    had made.

    35.The second Government Order which was relied on by the

    learned Advocate General was G.O.(Ms).No.108, dated 15.02.2006,

    wherein, compassionate appointment was granted to the daughter of a

    Councillor of Madurai, one Leelavathi, who had been murdered.

    36.In the Government Order, the economic circumstances of the

    beneficiary, namely, K.Kalavathi was examined by the Government. It

    was very specifically stated in the Government Order that she was in

    indigent circumstances. She had studied upto 10th standard. It was found

    that she satisfied the age rule and educational qualification, as prescribed

    for the post of Office Assistant. It was under those circumstances, she

    was granted employment. In fact, in the very first paragraph, it had been

    stated that the Chief Minister had taken a decision to so grant the

    26/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    employment, since the family was suffering very much to meet both

    ends. Thus, it was again specific to that particular individual and the

    indigent circumstances in which that family was suffering.

    37.In the Government order in G.O.(Ms).No.544, which is

    examined these Writ Petitions under which 32 individuals had been

    granted public employment, even though there is reference to the report

    of the District Collectors and the recommendations made, there is no

    specific statement made that each one of them was suffering from

    indigent circumstances and had the necessary educational qualification

    and were eligible for age relaxation. Their educational qualifications had

    been given in the Government Order, but we also see that atleast for four

    separate individuals, age relaxation had been granted.

    38.More specifically, the impact of the ex gratia amount of

    Rs.10,00,000/- which had been earlier granted had also not been stated in

    the Government Order. It was not stated that in spite of receipt of ex

    gratia of Rs.10,00,000/-, the families are still suffering and the

    27/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    Government had necessity to extend a helping hand to them. The reason

    why that Rs.10,00,000/- ex gratia was not sufficient and under what

    circumstances the families were in penury circumstances again was not

    stated.

    39.We are only stating these facts as we compare the reasons stated

    while granting employment to the daughter of Leelavathi, Madurai

    Councillor.

    40.The further Government Orders which the learned Advocate

    General relied on were G.O.(Ms)No.718, G.O.(Ms)No.723, G.O.(Ms)No.

    175, G.O.(Ms)No.594 and G.O.(Ms)No.74, dated 20.09.2018,

    25.09.2018, 21.03.2020, 23.11.2020 and 17.05.2021, respectively. All

    these Government Orders related to grant of public employment for the

    family members of the victims of those who died in a police shooting at

    Thoothukudi in what could be called the Sterlite Agitation.

    28/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    41.We are also deeply conscious that a Public Interest Litigation

    had also been filed with respect to providing assistance to the family

    members of those who died in that particular agitation. The Government

    has also granted ex gratia. The Government had also granted them

    employment, but the one distinguishing factor was that the said agitation

    or the death could be attributed to what could be termed as State excess.

    42.We would refrain from stating anything further with respect to

    Karur stampede, particularly since the matters are still fluid and

    investigation is still monitored by the Hon’ble Supreme Court.

    43.It is also to be noted that ex gratia had also been granted to the

    members of the victims of Karur stampede vide G.O.(Ms).No.557, dated

    08.07.2026.

    44.The issue of compassionate appointment is based on specific

    guidelines. The Hon’ble Supreme Court in Canara Bank -vs.-

    Ajithkumar G.K., reported in AIR 2025 SC 1232, had extensively dealt

    29/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    with various circumstances under which such compassionate

    employment could be granted. It must be first understood that the very

    concept arose, when a public servant, who discharges duty for and on

    behalf of the public, dies in harness, leaves his family behind in what

    could be called an economic death. In those circumstances, in

    recognition of his service to the State directly and to the general public

    indirectly, a member of his family, provided he or she satisfies various

    conditions and which conditions should be strictly adhered to, is granted

    public employment.

    45.The Hon’ble Supreme Court in the aforesaid judgment had

    referred to a series of judgments, which had laid down strict guidelines

    under which compassionate employment could be granted. We would

    only extract para 11 of the said judgment in which reference has been

    made to numerous judgments, wherein principles have been laid down

    for grant of compassionate employment. The principles had been laid

    down in judgments ranging from A to Z, which would indicate that nearly

    26 judgments had been referred by the Hon’ble Supreme Court. We

    would refer to them:

    30/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    “11.Decisions of this Court on the contours of
    appointment on compassionate ground are legion and it would
    be apt for us to consider certain well-settled principles, which
    have crystallized through precedents into a rule of law. They
    are (not in sequential but contextual order):

    a) Appointment on compassionate ground, which is offered on
    humanitarian grounds, is an exception to the rule of equality in
    the matter of public employment [see General Manager, State
    Bank of India v. Anju Jain
    [(2008) 8 SCC 475]].

    b) Compassionate appointment cannot be made in the absence
    of rules or instructions [see Haryana State Electricity
    Board v. Krishna Devi
    [(2002) 10 SCC 246]].

    c) Compassionate appointment is ordinarily offered in two
    contingencies carved out as exceptions to the general rule, viz.

    to meet the sudden crisis occurring in a family either on
    account of death or of medical invalidation of the breadwinner
    while in service [see V. Sivamurthy v. Union of India [(2008)
    13 SCC 730] ].

    d) The whole object of granting compassionate employment by
    an employer being intended to enable the family members of a
    deceased or an incapacitated employee to tide over the sudden
    financial crisis, appointments on compassionate ground should
    be made immediately to redeem the family in distress [see
    Sushma Gosain v. Union of India [(1989) 4 SCC 468]].

    31/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    e) Since rules relating to compassionate appointment permit a
    side-door entry, the same have to be given strict interpretation
    [see Uttaranchal Jal Sansthan v. Laxmi Devi [(2009) 7 SCC
    205] ].

    f) Compassionate appointment is a concession and not a right
    and the criteria laid down in the Rules must be satisfied by all
    aspirants [see SAIL v.Madhusudan Das [(2008) 15 SCC
    560]].

    g) None can claim compassionate appointment by way of
    inheritance [see State of Chattisgarh v. Dhirjo Kumar Sengar
    [(2009) 13 SCC 600]].

    h) Appointment based solely on descent is inimical to our
    constitutional scheme, and being an exception, the scheme has
    to be strictly construed and confined only to the purpose it
    seeks to achieve [see Bhawani Prasad Sonkar v. Union of
    India
    [(2011) 4 SCC 209]].

    i) None can claim compassionate appointment, on the
    occurrence of death/medical incapacitation of the concerned
    employee (the sole bread earner of the family), as if it were a
    vested right, and any appointment without considering the
    financial condition of the family of the deceased is legally
    impermissible [see Union of India v. Amrita Sinha[(2021) 20
    SCC 695]].

    j) An application for compassionate appointment has to be
    made immediately upon death/incapacitation and in any case

    32/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    within a reasonable period thereof or else a presumption could
    be drawn that the family of the deceased/incapacitated
    employee is not in immediate need of financial assistance.
    Such appointment not being a vested right, the right to apply
    cannot be exercised at any time in future and it cannot be
    offered whatever the lapse of time and after the crisis is over
    [see Eastern Coalfields Ltd. v. Anil Badyakar[(2009) 13 SCC
    112] ].

    k) The object of compassionate employment is not to give a
    member of a family of the deceased employee a post much less
    a post for post held by the deceased. Offering compassionate
    employment as a matter of course irrespective of the financial
    condition of the family of the deceased and making
    compassionate appointments in posts above Class III and IV is
    legally impermissible [see Umesh Kumar Nagpal v. State of
    Haryana
    [(1994) 4 SCC 138]].

    l) Indigence of the dependents of the deceased employee is the
    first precondition to bring the case under the scheme of
    compassionate appointment. If the element of indigence and
    the need to provide immediate assistance for relief from
    financial destitution is taken away from compassionate
    appointment, it would turn out to be a reservation in favour of
    the dependents of the employee who died while in service
    which would directly be in conflict with the ideal of equality
    guaranteed under Articles 14 and 16 of the Constitution [see
    Union of India v. B. Kishore [(2011) 13 SCC 131]].

    33/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    m) The idea of compassionate appointment is not to provide for
    endless compassion [see I.G. (Karmik) v. Prahalad Mani
    Tripathi
    [(2007) 6 SCC 162]].

    n) Satisfaction that the family members have been facing
    financial distress and that an appointment on compassionate
    ground may assist them to tide over such distress is not
    enough; the dependent must fulfil the eligibility criteria for
    such appointment [see State of Gujarat v. Arvindkumar T.
    Tiwari
    [(2012) 9 SCC 545]].

    o) There cannot be reservation of a vacancy till such time as
    the applicant becomes a major after a number of years, unless
    there are some specific provisions [see Sanjay Kumar v. State
    of Bihar
    [(2000) 7 SCC 192]].

    p) Grant of family pension or payment of terminal benefits
    cannot be treated as substitute for providing employment
    assistance. Also, it is only in rare cases and that too if provided
    by the scheme for compassionate appointment and not
    otherwise, that a dependent who was a minor on the date of
    death/incapacitation, can be considered for appointment upon
    attaining majority [see Canara Bank (supra)].

    q) An appointment on compassionate ground made many years
    after the death/incapacitation of the employee or without due
    consideration of the financial resources available to the
    dependent of the deceased/incapacitated employee would be
    directly in conflict with Articles 14 and 16 of

    34/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    the Constitution [see National Institute of Technology v. Niraj
    Kumar Singh
    [(2007) 2 SCC 481]].

    r) Dependents if gainfully employed cannot be considered [see
    Haryana Public Service Commission v. Harinder Singh
    [(1998) 5 SCC 452]].

    s) The retiral benefits received by the heirs of the deceased
    employee are to be taken into consideration to determine if the
    family of the deceased is left in penury. The court cannot dilute
    the criterion of penury to one of “not very well-to-do”. [see
    General Manager (D and PB) v. Kunti Tiwary [(2004) 7 SCC
    271]].

    t) Financial condition of the family of the deceased employee,
    allegedly in distress or penury, has to be evaluated or else the
    object of the scheme would stand defeated inasmuch as in such
    an eventuality, any and every dependent of an employee dying-
    in-harness would claim employment as if public employment is
    heritable [see Union of India v. Shashank Goswami [(2012)
    11 SCC 307], Union Bank of India v. M. T. Latheesh
    [(2006)
    7 SCC 350], National Hydroelectric Power
    Corporation v. Nank Chand
    , [(2004) 12 SCC 487] and
    Punjab National Bank v. Ashwini Kumar Taneja
    [(2004) 7
    SCC 265]].

    u) The terminal benefits, investments, monthly family income
    including the family pension and income of family from other
    sources, viz. agricultural land were rightly taken into

    35/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    consideration by the authority to decide whether the family is
    living in penury. [see Somvir Singh (supra)].

    v) The benefits received by widow of deceased employee under
    Family Benefit Scheme assuring monthly payment cannot
    stand in her way for compassionate appointment. Family
    Benefit Scheme cannot be equated with benefits of
    compassionate appointment. [see Balbir Kaurv. SAIL [(2006)
    6 SCC 493]]

    w) The fixation of an income slab is, in fact, a measure which
    dilutes the element of arbitrariness. While, undoubtedly, the
    facts of each individual case have to be borne in mind in taking
    a decision, the fixation of an income slab subserves the
    purpose of bringing objectivity and uniformity in the process of
    decision making. [see State of H.P. v. Shashi Kumar [(2019) 3
    SCC 653] ].

    x) Courts cannot confer benediction impelled by sympathetic
    consideration [see Life Insurance Corporation of
    India v. Asha Ramchandra Ambekar
    [(1994) 2 SCC 718]].

    y) Courts cannot allow compassionate appointment dehors the
    statutory regulations/instructions. Hardship of the candidate
    does not entitle him to appointment dehors such
    regulations/instructions [see SBI v. Jaspal Kaur [(2007) 9
    SCC 571]].

    z) An employer cannot be compelled to make an appointment
    on compassionate ground contrary to its policy [see Kendriya

    36/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    Vidyalaya Sangathan v. Dharmendra Sharma [(2007) 8 SCC
    148]].”

    46.We also have to point out that the Government had also passed

    certain guidelines in grant of compassionate employment in G.O.(Ms)No.

    18, dated 23.01.2020. The time period within which such employment

    should be applied had been stipulated and the eligibility conditions have

    been stated. It had been stated that an enquiry must be made about the

    indigent circumstances of the family and that there must be subjective

    satisfaction that indigent circumstances continued till the date of grant of

    employment. It must also be found that the person for whom the

    employment is granted should be eligible to be appointed. The age

    criteria is also to be examined.

    47.When the Government itself has framed its own rules and

    guidelines, it may not be appropriate or proper for the Government to

    violate such rules and guidelines. It could be said that Karur stampede is

    an exceptional incident. The learned Advocate General wondered as to

    how grant of employment could be challenged by the petitioners herein.

    37/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    He claimed that the Government was only extending an humane act and

    there must be a sense of humanity expressed and such employment

    should not have been challenged by the Writ Petitioners. But however, it

    is the cause of the public which overrides every other factor.

    48.We are conscious of the fact that there is a wait list in every

    department of unfortunate individuals seeking compassionate

    employment. It is not that employment is granted immediately on

    application being received. The applications are serialised and if statistics

    are to be examined, which are not available, that would indicate that in

    every department, even in the Electricity Department or even in the

    Railways Department, which comes under the Central Government or

    under any other department of the State Government, employment is

    granted only in accordance with seniority and not with the reference to

    the immediate nature of relief to be granted.

    49.In this connection, it will only be appropriate to extract Article

    14 of the Constitution of India:

    38/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    “14.Equality before law.—The State shall not deny to
    any person equality before the law or the equal protection of
    the laws within the territory of India.”

    50.This protection is all the more relevant not with respect to

    every other individual, who seeks employment, but to those who are

    already standing in the queue waiting for compassionate employment to

    be granted, as one of their family members had died in harness. When

    there is a waiting list, it may not be appropriate to overlook their needs

    and extend what is termed as a succor to the family members of the

    deceased in Karur stampede.

    51.Article 16 of the Constitution of India is as follows:

    “16. Equality of opportunity in matters of public
    employment.—(1) There shall be equality of opportunity for all
    citizens in matters relating to employment or appointment to
    any office under the State.

    (2)No citizen shall, on grounds only of religion, race,
    caste, sex, descent, place of birth, residence or any of them, be
    ineligible for, or discriminated against in respect of, any
    employment or office under the State.

    (3)Nothing in this article shall prevent Parliament from
    making any law prescribing, in regard to a class or classes of
    employment or appointment to an office 1 [under the
    Government of, or any local or other authority within, a State

    39/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    or Union territory, any requirement as to residence within that
    State or Union territory] prior to such employment or
    appointment.

    (4)Nothing in this article shall prevent the State from
    making any provision for the reservation of appointments or
    posts in favour of any backward class of citizens which, in the
    opinion of the State, is not adequately represented in the
    services under the State.

    (4A).Nothing in this article shall prevent the State from
    making any provision for reservation 3 [in matters of
    promotion, with consequential seniority, to any class] or
    classes of posts in the services under the State in favour of the
    Scheduled Castes and the Scheduled Tribes which, in the
    opinion of the State, are not adequately represented in the
    services under the State.]
    (4B)Nothing in this article shall prevent the State from
    considering any unfilled vacancies of a year which are
    reserved for being filled up in that year in accordance with any
    provision for reservation made under clause (4) or clause (4A)
    as a separate class of vacancies to be filled up in any
    succeeding year or years and such class of vacancies shall not
    be considered together with the vacancies of the year in which
    they are being filled up for determining the ceiling of fifty per
    cent. reservation on total number of vacancies of that year.]
    (5)Nothing in this article shall affect the operation of
    any law which provides that the incumbent of an office in
    connection with the affairs of any religious or denominational
    institution or any member of the governing body thereof shall
    be a person professing a particular religion or belonging to a
    particular denomination.

    (6)Nothing in this article shall prevent the State from
    making any provision for the reservation of appointments or
    posts in favour of any economically weaker sections of citizens
    other than the classes mentioned in clause (4), in addition to
    the existing reservation and subject to a maximum of ten per
    cent. of the posts in each category.”

    40/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    52.It should again be noted that Article 16 of Constitution of India

    places an obligation on the Government to ensure that there is equality of

    opportunity for appointment to any office under the State. Again, we will

    leave out those who are not in the race, but would confine ourselves to

    those who had applied for compassionate appointment and are still

    waiting and who have been denied and suddenly find 32 others being

    granted employment overlooking their credentials. We hold that these

    appointments are in direct violation of the fundamental rights to a citizen

    of this country under Article 14 and Article 16 of the Constitution of

    India.

    53.The learned Advocate General stated that the said appointments

    had been granted in exercise of the executive powers of the State under

    Article 162 of the Constitution of India.

    54.Article 162 of the Constitution of India is as follows:

    “162. Extent of executive power of State.—Subject to
    the provisions of this Constitution, the executive power of a
    State shall extend to the matters with respect to which the
    Legislature of the State has power to make laws: Provided that

    41/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    in any matter with respect to which the Legislature of a State
    and Parliament have power to make laws, the executive power
    of the State shall be subject to, and limited by, the executive
    power expressly conferred by this Constitution or by any law
    made by Parliament upon the Union or authorities thereof.”

    55.It is trite to point out that any exercise of executive authority or

    power has to be within the confines of the Constitution and within the

    limits of the Constitution. If an executive power of the State is to be left

    unfettered and given a free hand, then chaos will reign. It is for the

    Courts to ensure that fairness is evident not only on the basis of the

    nature of the order passed, but it is seen fair in the eyes of each and every

    other citizen. The grant of such compassionate employment for this

    particular incident will only open the flood gates for various others to

    also seek such employment.

    56.We are conscious that we are also dealing with a Public Interest

    Litigation relating to grant of necessary assistance to those who died in

    fireworks accident in Sivakasi and in other places. Even this morning,

    there was a report of two persons dying in an unauthorised or illegal

    42/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    fireworks factory. An unauthorised or illegal fireworks factory is the

    result of incompetent Government officials permitting such factory to

    exist and to operate and to function. We wonder about the plight of the

    families of those who died there. This is just an example which comes to

    our mind. Should they be granted only ex gratia or should the

    Government extend employment to each one of them. The instances are

    numerous. When persons die in road transport accidents out of sheer

    negligence of the driver of Government vehicles and when negligence is

    established by grant of compensation by the Motor Accident Tribunal,

    should the Government extend its helping assistance further by granting

    employment to the member of the family of the victim, who died in such

    a road accident? Again, it is a hypothetical question. Grant of such

    employment would lead to several other claimers seeking public

    employment. Public employment is not to be thrown away as a largesse

    by the State. It has to be earned. Its value will has to be realised and its

    importance has to be cherished.

    57.We had thought that the Tamil Nadu Public Service

    Commission would be of some assistance to us. But unfortunately, they

    43/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    placed reliance on a Government order in G.O.(Ms)No.100, dated

    01.08.2018, stating that compassionate employments have been taken

    away from the purview of the Tamil Nadu Public Service Commission.

    But the Public Service Commission works under the aegis of the

    Constitution and they should have a say as to the guidelines to be

    adopted while granting employment even on compassionate basis.

    58.We also wonder why the Government should not have extended

    training in skills and entrepreneurship on various aspects for deserving

    members of the families of those who died in tragedies like this. The

    Government would be creating leaders. The Government would be

    creating entrepreneurs. The Government would be creating self sufficient

    individuals in each family, who would later on provide employment to

    others. The Government can bear their expenses towards such a technical

    courses or skilled courses for the members of those who die and that

    would be a far, far better thing to have been resorted to and to have been

    done, rather than giving public employment as Office Assistants.

    44/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    60.The learned Advocate General stated that it was a lowly post.

    Unfortunately, we do not agree with that statement. Every employment

    has its own credential. Every employment in public service has its own

    value. To that employee, every employment is a matter of pride. Even

    when a Watchman is promoted as an Office Assistant, to him, it is

    success in life. It can never be stated that he was employed in a lowly

    post and grant of employment is justified on the ground that the

    Government is handing over lowly posts to those who died in the Karur

    stampede. It is not proper. It is not justifiable. We do not uphold of it.

    61.The learned Counsel for the petitioners placed reliance on the

    judgement of the Hon’ble Supreme Court in the case of Bhawani Prasad

    Sonkar -vs.- Union of India and others reported in (2011) 4 SCC 209,

    wherein, the Hon’ble Supreme Court held as follows:

    “”20.Thus while considering a claim for employment on
    compassionate ground, the following factors have to be borne
    in mind: (i)Compassionate employment cannot be made in the
    absence of rules of regulations issued by the Government or a
    public authority. The request is to be considered strictly in
    accordance with the governing scheme, and no discretion as
    such is left with any authority to make compassionate
    appointment de-hors the scheme. (ii)An application for
    compassionate employment must be preferred without undue

    45/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    delay and has to be considered within a reasonable period of
    time. (iii)An appointment on compassionate ground is to meet
    the sudden crisis occurring in the family on account of the
    death or medical invalidation of the bread-winner while in
    service. Therefore, compassionate employment cannot be
    granted as a matter of course by way of largesse irrespective of
    the financial condition of the deceased/incapacitated
    employee’s family at the time of his death or incapacity, as the
    case may be. (iv)Compassionate employment is permissible
    only to one of the dependants of the deceased/incapacitated
    employee viz. Parents, spouse, son or daughter and not to all
    relatives, and such appointments should be only to the lowest
    category that is Class III and IV posts.”

    62.We would, therefore, extend our jurisdiction to issue a

    Certiorari to interfere with G.O.(Ms).No.544, Revenue and Disaster

    Management (Ser-9) Department, dated 06.07.2026. We are conscious

    that we are passing an order without hearing those who had been granted

    the employment. But we had made it very clear, in the first hearing date

    that the order would be subject to judicial review and those who had been

    granted such employment cannot claim any vested interest. We had stated

    that we would be passing orders before they receive their first salary. We

    have, therefore, taken up the onerous task of hearing the learned

    Advocate General, the learned Additional Advocates General and the

    Counsels for the petitioners and also the Special Public Prosecutor for

    46/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    the Central Bureau of Investigation and in pronouncing this common

    order. We are of the firm opinion that the Writ Petitions should be

    allowed.

    63.In fine, we allow the Writ Petitions and strike down G.O.

    (Ms).No.544, Revenue and Disaster Management (Ser-9) Department,

    dated 06.07.2026. We also strike down G.O.Ms.No.558, again issued by

    the Revenue and Disaster Management, dated 09.07.2026, wherein, an

    amendment had been made granting alternate posts to those who had

    been earlier granted appointment vide G.O.(Ms)No.544 referred supra.

    There shall be no order as to costs. Consequently, connected

    miscellaneous petition is closed.

    
    
                                                                 [C.V.K., J.]   [R.S.V., J.]
                         Index             :Yes                         27.07.2026
                         NCC               :Yes
                         Speaking          :Yes
    
                         cmr
    
    
    
    
                         47/50
    
    
    
    
    https://www.mhc.tn.gov.in/judis
                                                               W.P.(MD)Nos.19539, 19658 and 20653 of 2026
    
    
    
                         To
    
                         1.The Chief Secretary,
                         Government of Tamil Nadu,
                         Secretariat, Chennai 600 009
    
                         2.The Additional Chief Secretary,
                         Human Resources Management Department,
                         Government of Tamil Nadu,
                         Secretariat, Chennai 600 009
    
                         3.The Secretary,
    

    Personnel and Administrative Reforms Department,
    Government of Tamil Nadu,
    Secretariat, Chennai 600 009

    4.The Secretary,
    Home Department,
    Government of Tamil Nadu,
    Secretariat, Chennai 600 009.

    5.The Secretary,
    Revenue and Disaster Management Department,
    Government of Tamil Nadu,
    Secretariat, Chennai 600 009.

    6.The District Collector,
    Karur District Collectorate, Karur,

    7.The Member Secretary,
    Tamil Nadu Public Service Commission,
    TNPSC Road, V.O,C. Nagar, Park Town,
    Chennai Tamil Nadu, India – 600 003.

    48/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    8.The Secretary,
    Tamil Nadu Public Service Commission,
    TNPSC Road, V.O.C. Nagar, Park Town,
    Chennai Tamil Nadu, India. 600 003,

    9.The Directorate of Employment and Training (DET),
    Commissionarate of Employment and Training,
    Thiru. Vi. Ka. Industrial Estate,
    Alandur Road, Guindy, Chennai 600 032.

    10.The Inspector of Police,
    Karur Town Police Station, Karur District.

    49/50

    https://www.mhc.tn.gov.in/judis
    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    C.V. KARTHIKEYAN, J.

    AND
    R.SAKTHIVEL, J.

    cmr

    W.P.(MD)Nos.19539, 19658 and 20653 of 2026

    27.07.2026

    50/50

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



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here