R.Selva Ganapathy v. The Chief Educational Officer

Order This writ petition is filed to call for the records relating to the impugned order Na.Ka 7476 / a1 / 2022 dated 20.09.2023 issued by the 1st respondent and quash the same and consequently direct the respondents to provide the petitioner with employment in a suitable post on compassionate grounds in view of the death of the petitioner's mother, namely M. Shanthi within the time stipulated by this Court.

¶2The petitioner would submit that her mother was working as a Secondary Grade Teacher in the School Education Department. She died while in harness on 28.05.2005 when the petitioner was a minor. Thereafter, the petitioner was brought up by his maternal grandfather, who was appointed as his guardian by the competent Court by an order dated

21.08.2007. On attaining majority and acquiring the required educational qualification, the petitioner applied for appointment on compassionate grounds. The petitioner's request for compassionate appointment was Page3 of 5 rejected by the second and third respondents by proceedings dated

23.05.2022. The appeal preferred by the petitioner was also rejected by the Chief Educational Officer by proceedings dated 20.09.2023, on the ground that the petitioner was a minor at the time of the initial application. Challenging the said order, the present writ petition has been filed.

¶3Heard the learned counsel for the petitioner and the learned Government Advocate appearing for respondents 1 to 3.

¶4The impugned order has been passed primarily on the ground that the petitioner had not produced the necessary documents. According to the petitioner, the required documents had already been submitted. In view of the same, this Court is inclined to set aside the impugned order and remit the matter to the first respondent for fresh consideration. The first respondent shall afford an opportunity of hearing to the petitioner, permit him to produce any additional documents, if required, obtain a report from the revenue authorities regarding the indigent circumstances of the petitioner, and thereafter pass fresh orders on merits and in accordance with law, within a period of three (3) months from the date of receipt of a copy of this order. Page4 of 5

¶5Accordingly, the writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 09-07-2026 Index: Yes/No Speaking/Non-speaking order SRN To

¶1The Chief Educational Officer Cuddalore

¶2The District Educational Officer District Educational Office, Virudhachalam 606 001

¶3The Assistant Educational Officer Assistant Educational Office Virudhachalam 606001 WPoNo.o29986oofo2024 P.T.ASHAoJ. SRN WPoNo.o29986oofo2024 AND WMPoNO.o32686oOFo2024 09-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-07-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA AND WMP NO. 32686 OF 2024 R.Selva Ganapathy ..Petitioner(s) Vs 1. The Chief Educational Officer Cuddalore 2. The District Educatonal Officer District Educational Office, Virudhachalam 606 001 3. The Assistant Educational Officer Assistant Educational Office Virudhachalam 606001 ..Respondent(s) Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records of impugned order Na.Ka 7476 / a1 / 2022 dated 20.09.2023 issued by the 1st respondent and quash the same and consequently direct the respondents to provide petitioner employment in any of the suitable post on compassionate ground in view of the death of petitioner mother namely M. Shanthi with the period stipulated by this Court. Page2 of 5 For Petitioner(s): Mr.R.Prabakar For Respondent(s): Mr.A.R.Balaji Government Advocate