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2026 DAILYLAW 30897 (MAD)

A.BALAJI v. The Registrar General

WP/18631/2026 · 2026-06-01

N Senthilkumar, S M Subramaniam

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:MHC:1958 WP No. 18631 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-06-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR WP No. 18631 of 2026 A.Balaji S/o.Ambalavanan, No.91, Sozhiya Street, Sitharakkadu Post, Myladuthurai District-609 003 ..Petitioner(s) Vs 1. The Registrar General High Court of Madras, Chennai. 2. The District judge office of District Court, Nagapattinam, Nagapattinam district. 3. The District Judge office of district court, Mayiladuthurai, Mayiladuthurai district. ..Respondent(s) call for records relating to the impugned proceedings in official memorandum dated 22.07.2025 issued by 2nd respondent and to appoint the petitioner in the post of junior assistant or any other equal cadre post such as Senior Bailiff, Reader and Examiner from the date of initial appointment to the post of Junior Bailiff and to grant consequential seniority and other attendant benefits within a time frame to be fixed by this Honble Court For Petitioner(s): Ms.M.Kaviya For Respondent(s): Mr.K.Elango, for R1 to 3 https://www.mhc.tn.gov.in/judis 2026:MHC:1958 WP No. 18631 of 2026 __________ Page2 of 4 ORDER (Order of the Court was made by S.M.Subramaniam J.) The order of rejection, rejecting the claim of the petitioner to appoint him in the post of Junior Assistant on compassionate ground is under challenge in the present writ proceedings. 2. Petitioner was appointed on compassionate ground as Junior Bailiff on 18.11.2015 and working as such for past about 11 years. He submitted an application on 22.05.2025 after a lapse of about 10 years from the date of compassionate appointment claiming that he should have been appointed as Junior Assistant on compassionate appointment, since he possess the qualification during the relevant point of time. 3. The claim made out by the petitioner seeking higher post on compassionate ground is untenable. Scheme of compassionate appointment is a concession and not a constitutional scheme of appointment. Scheme is to be implemented strictly in accordance with the terms and conditions. The very purpose of the scheme of compassionate appointment is to mitigate the circumstances arising on account of the sudden death of the Government employee and not to provide one appointment to the family of the deceased employee. The penurious circumstances and other relevant factors are to be assessed for providing compassionate appointment. https://www.mhc.tn.gov.in/judis 2026:MHC:1958 WP No. 18631 of 2026 __________ Page3 of 4 4. In the present case, petitioner was appointed on compassionate ground as Junior Bailiff, and that being the factum, he cannot claim higher post at a later point of time, which is untenable. 5. Thus, the present writ petition is devoid of merits. Accordingly, the writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (N.S.,J.) 01-06-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No GD To 1. The Registrar General High Court of Madras, Chennai. 2. The District judge office of District Court, Nagapattinam, Nagapattinam district. 3. The District Judge office of district court, Mayiladuthurai, Mayiladuthurai district. https://www.mhc.tn.gov.in/judis 2026:MHC:1958 WP No. 18631 of 2026 __________ Page4 of 4 S.M.SUBRAMANIAM, J. AND N.SENTHILKUMAR, J. GD WP No. 18631 of 2026 01-06-2026 ½ https://www.mhc.tn.gov.in/judis