(Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records of impugned order passed by the 4th respondent in Na.Ka.No.1231/2024/A-3 dated 21.03.2025 and direct the 4th Respondent to appoint the Petitioner in the respondent Department on compassionate grounds in order to protect petitioner’s family livelihood.)

1. Assailing the order passed by the 4th respondent, in and by which the petitioner’s request for compassionate appointment in respect of her deceased husband has been rejection, the present Writ Petition has been filed.

2. Mr.T.M.Rajangam, learned Government Advocate takes notice on behalf of the 1st respondent. Mr.M.Sekar, learned counsel takes notice on behalf of respondents 2 to 4.

3. It is the case of the petitioner that, on account of the death of her husband namely S.Thangarasu on 19.08.2019, who was employed as Salesman in the 4th respondent office, the petitioner had submitted a representation dated 26.11.2019 requesting for employment on compassionate ground, however, the said representation was rejected vide impugned order dated 21.03.2025 on the ground that there is no specific job for women in the 4th respondent office. Aggrieved by which, the petitioner has come up with the present Writ Petition.

4. Learned counsel appearing for the petitioner submitted that the impugned order of rejection has been mechanically passed without considering the fact that the petitioner is a poor widow aged about 41 years, who has to maintain her three children on account of the loss of her husband, who was the sole bread winner of the family. It was further submitted that, in view of the aforesaid circumstances, this Court may issue a direction to the respondents to consider the petitioner’s representation for appointment on compassionate ground and to grant her employment either on consolidated pay or on temporary or part time basis.

5. Learned counsel appearing for respondents 2 to 4 while defending the impugned order, submitted that there is no post available in the respondent Tasmac, in which the petitioner could be accommodated and therefore, the respondent was right in rejecting the claim of the petitioner. Accordingly, he prayed for dismissal of the Writ Petition.

6. Learned Government Advocate appearing for the 1st respondent conceded to the submissions of the learned counsel appearing for respondents 2 to 4.

7. Heard the learned counsel appearing on either side and perused the materials available on record.

8. It is not disputed that the petitioner’s husband died in harness and that the application for compassionate appointment was submitted by the petitioner well within time. The reason for granting compassionate appointment is only to provide bread and butter for the family that undergoing the loss of the bread winner. It is not necessary that the employee, who had died in harness should have been appointed through a selection process. Every person who is in employment and who dies while in service, it is the duty of the employer to look after the safety and well being of the members of the deceased employee.

9. In the present case, the employee died in harness leaving behind the petitioner and her three children, who have no means to eke out their livelihood. Therefore, necessarily it is the duty of the employer/respondent to provide employment, on compassionate basis to the petitioner. Though it is claimed by the respondents that there is no post in which the petitioner, being a lady, could be accommodated, however, it is not the concern of this Court as it is the duty of the employer to find a position in which the petitioner could be fit in.

10. In such view of the matter, the present petition is allowed by setting aside the order of rejection and remanding the matter back to the respondents and further directing the petitioner to submit a fresh application for compassionate appointment to the 2nd respondent within a period of one (1) week from the date of receipt of a copy of this order. Upon receipt of such application, the 2nd respondent shall consider the same on its own merits and in accordance with law and pass affirmative orders by providing compassionate appointment to the petitioner either on consolidated pay or on temporary or part time basis. The said exercise of providing the compassionate appointment shall be completed and the petitioner accommodated in the post on before 06.02.2026. The 2nd respondent is further directed to file a report of compliance before this Court on or before 11.02.2026.

11. Accordingly, the Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs.

12. Post the matter on 11.02.2026 for reporting compliance.