K. Sathiyamoorthy v. The Commissioner

J U D G M E N T (Judgment of the Court was delivered by S.M.Subramaniam,J.) The present Intra Court Appeal has been instituted, challenging Writ Order dated 01.08.2024 passed in W.P.No.21960 of 2024. Page2 of 4

¶2Appellant is second wife's son of the deceased employee of Chennai Corporation. Employee died on 02.01.2011. Name of the first wife of employee was one K.Egavalli and from and out of wedlock with 1st wife, three children were born. Deceased employee married mother of appellant as 2nd wife.

¶3Admittedly, appellant submitted legal heir certificate in the year 2022 after a lapse of 11 years from the date of death of deceased employee. Perusal of legal heir certificate would show that five children were born before appellant to the deceased employee, None of them had filed application seeking compassionate appointment during the relevant point of time.

¶4Learned counsel for the appellant would submit that on the date of submitting application along with legal heir certificate, appellant was about 29 years. Therefore, his case ought to have been considered.

¶5The object of Scheme of compassionate appointment is to mitigate the circumstances arising on account of sudden death of an employee. The concessional Scheme of compassionate appointment is not to provide one appointment to the legal heir of deceased employee. Long delay in submitting application is a ground to draw factual Page3 of 4 inference that the family of deceased employee was not in penurious circumstances. Even in such circumstances, application submitted beyond reasonable period is not maintainable. Scheme being violative of Article 14 and 16 of the Constitution of India is to be implemented scrupulously in accordance with terms and conditions stipulated. Writ Court considered the facts in a right prospective and dismissed the Writ Petition. Thus, this Court is not inclined to interfere with the order of Writ Court. Consequently, the present Writ Appeal stands dismissed. No costs. (S.M.S.,J.) (K.G.R.,J.) 19-08-2026 Index: Yes/No Speaking/Non-speaking order AR To:

¶1The Commissioner Greater Chennai Corporation, Ripon Building, Chennai – 003.

¶2The Zonal Officer Zone 6, Greater Chennai Corporation, No.158, Strahans Road, Pattalam, Chennai - 012.

¶3The Secretary to Government Municipal Administration, Water Supply Department, Fort St.George, Chennai - 009. Page4 of 4 S.M.SUBRAMANIAM,J. AND KRISHNASWAMY GOVINDARAJAN,J. AR 19-08-2026

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN K.Sathiyamoorthy … Appellant -vs- 1. The Commissioner Greater Chennai Corporation, Ripon Building, Chennai – 003. 2. The Zonal Officer Zone 6, Greater Chennai Corporation, No.158, Strahans Road, Pattalam, Chennai - 012. 3. The Secretary to Government Municipal Administration, Water Supply Department, Fort St.George, Chennai - 009. … Respondents Prayer: To allow the appeal and set aside the order of this Court in W.P.No.21960 of 2024 dated 01.08.2024. For Appellant: Ms.N.Beulah John Selvaraj For Respondents: Mr.E.C.Ramesh for R1 & R2 Mr.K.Rajesh, GA for R3 *****