G.Ramani Baskar v. The District Education Officer

ORDER This Writ Petition has been filed for the following reliefs:-"directing the 1st and 2nd respondents to expedite the proceedings in O.M.No. 0910/ Al/ 2024 dated 26.04.2024 relates to petitioner compassionate appointment for suitable Government employment." Brief Facts:-

¶2The petitioner's father was working as a Tamil Teacher in the 3rd respondent's school. He died on 01.01.2019 while in service. The petitioner has completed X Standard and a Diploma in Textile Technology. On 29.12.2021, the petitioner had submitted a representation seeking appointment on compassionate grounds. Page3 of 5

¶3The petitioner's main grievance is that, though the 1st respondent, by proceedings dated 08.03.2023, had directed the 2nd respondent to submit a report based on G.O. Ms. No. 33 dated 08.03.2023, the petitioner's representation has not been disposed of to date. Hence, the present writ petition.

¶4The learned counsel for the respondents would submit that the deceased's wife (the petitioner's mother) is receiving a family pension and that the total annual income of the petitioner's family exceeds Rs.4,00,000/-. Therefore, the petitioner's family is not in indigent circumstances and the petitioner is not entitled to compassionate appointment.

¶5Heard the learned counsel on either side and perused the records.

¶6Though the learned counsel for the respondents contended that the petitioner's family is not in indigent circumstances on the ground that the petitioner's mother is receiving a family pension and that the total income of the petitioner's family exceeds Rs.4,00,000/- per annum, the Compassionate Appointment Rules clearly state that, while assessing indigent circumstances, family pension shall not be taken into consideration. The 1st explanation to Rule 3(3)(c) of the Tamil Nadu Civil Services (Appointment on Compassionate Page4 of 5 Grounds) Rules, 2023. clearly sets out that the family pension of the deceased employee shall not be taken into consideration while deciding upon the request for compassionate appointment.

¶7In view of the above, the writ petition is allowed. The respondents 1 and 2 are directed to expedite the proceedings in O.M. No. 0910/Al/2024 dated

26.04.2024 relating to the petitioner's claim for compassionate appointment to a suitable Government post and pass appropriate orders, by examining the indigent circumstances without taking into consideration the family pension. The said exercise shall be completed within a period of six (6) weeks from the date of receipt of a copy of this order. No costs. 10-04-2026 Index: Yes/No Speaking/Non-speaking order SHR To

¶1The District Education officer (Elementary), Gopichettipalayam, Erode district

¶2The Block Education officer Sathiyamangalam ,Erode district

¶3The Head Master Government Middle School, Malliamman Thurgam Sathiyamangalam Taluk, Erode district Page5 of 5 P.T.ASHA J. SHR 10-04-2026

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-04-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA G.Ramani Baskar S/o. Late. N.S.Ganesamurthy, No. 10/5 Thangasalai Veethi, Punjai Puliyampatti, Sathiyamangalam Taluk, Erode district ..Petitioner(s) Vs 1. The District Education officer (Elementary), Gopichettipalayam, Erode district 2. The Block Education officer Sathiyamangalam , Erode district 3. The Head Master Government Middle School, Malliamman Thurgam Sathiyamangalam Taluk, Erode district ..Respondent(s) Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the 1st and 2nd Page2 of 5 respondents to expedite the proceedings in O.M.No. 0910/ A1/ 2024 dated 26.04.2024 relates to petitioner compassionate appointment for suitable Government employment. For Petitioner(s): Mr.B.Manimaran For Respondent(s): Ms.Mythreye Chandru, SGP for R.1 to R.3.