B.DHANUSH RAAMKESH vs THE JOINT REGISTRAR OF CO-OP SOCIETIES

Court
Madras High Court

2026:MHC:4270
WP No. 33187 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
WP No. 33187 of 2023
CNR: {HCMA012091712023}
B.Dhanush Raamkesh
..Petitioner(s)
Vs
1. The Joint Registrar of Co-op Societies
Krishnagiri Region, Krishnagiri District
2. The Deputy Registrar of Cooperative Societies
Hosur Circle, Krishnagiri District
3. The Management of S.527, Kelamangalam
Agricultural Producers Co-op Marketing
Society Limited
Rep. By Its Administrator Kelmangalam
Denkanikottai Taluk, Krishnagiri District 635
113
..Respondent(s)
Prayer : Writ Petition filed under Article 226 of the Constitution of India, to
issue a writ of certiorarified mandamus to call for the records relating to the
impugned order passed in Na.Ka. 2001/ 2023 /Pu.Ve. dated 16.11.2023 passed
by the 2nd respondent herein and quash the same and consequently direct the
Respondent Nos.1 to 3 to consider the petitioner’s application dated 27.09.2023
for compassionate appointment in the 3rd respondent society within stipulated
time period.(PRAYER AMENDED AS PER ORDER DATED 04.02.2025 IN
WMP.35245/2023 in WP.33187/2023)
For Petitioner(s): Mr.M.Vijayaragavan
For Respondent(s): Mr.AR.Balaji for R1 and R2
Government Advocate
R3- No appearance
__________
Page1 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/10/2026 12:40:05 pm )

2026:MHC:4270
WP No. 33187 of 2023
ORDER
The present writ petition has been filed seeking issuance of writ of
certiorarified mandamus challenging the impugned order dated 16-11-2023
nd
passed in Na.Ka.2001/2023/Pu.Ve by the 2 respondent herein and direct the
respondents 1 to 3 to consider the petitioner’s application dated 27.09.2023 for
rd
compassionate appointment in the 3 respondent society within stipulated time
fixed by this Court.
2. The learned counsel for the petitioner submitted that the petitioner's
father Late.Mr.B.V.Balaji was appointed as ration shop salesman on 31.12.1993
rd
in the 3 respondent society and received a monthly salary of Rs.26,000/-.
While so, he died on 19-01-2023 due to road accident while he was in service.
Immediately after the death of the petitioner's father, the petitioner has given a
request for compassionate appointment on 07-09-2023. Since there was no
action on the part of the respondents, the petitioner preferred a writ petition in
W.P.No.4571 of 2023 before this Court to consider his representation. While so,
during the pendency of the writ petition, the respondents rejected the request
made by the petitioner vide impugned order 16-11-2023.
__________
Page2 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/10/2026 12:40:05 pm )

2026:MHC:4270
WP No. 33187 of 2023
3. The learned counsel for the petitioner further submitted that the very
rejection order states that the petitioner is an employee who was irregularly
appointed besides that there are no reason. It is his submission that according to
the certificate issued by the respondents, the petitioner was in a timescale of pay
and he was provided with all the allowances. Therefore, the contention of the
learned Government Advocate for the respondents that the petitioner was
irregularly appointed that too after a period of 29 years of service is
unsustainable. Hence, prayed to interfere with the impugned order.
4. The said contention was totally objected by the learned Government
Advocate for the respondents 1 and 2 and would contend that the petitioner’s
father was an irregularly appointed person and according to the G.O.Ms.No.33,
Labour Welfare and Skill Development(Q1), dated 08.03.2023, a person who is
appointed on a consolidated pay are irregularly appointed persons. It is also his
submission that compassionate appointment is an exception to the public
employment. Therefore, any deviation from the guidelines cannot be sustained.
The learned Government Advocate would further contend that the petitioner’s
father, being a daily wager, the petitioner cannot claim for compassionate
appointment. Hence, prayed for dismissal of the writ petition.
__________
Page3 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/10/2026 12:40:05 pm )

2026:MHC:4270
WP No. 33187 of 2023
5. I have given my anxious consideration to either side submissions and
perused the materials available on record.
6. It is an admitted fact that the petitioner’s father was appointed in the
rd
3 respondent’s society on 31.12.1993 and he died on 19.01.2023 and the
application for compassionate appointment was given within eight months.
However, the said application was rejected only upon the ground that the
petitioner's father's appointment was an irregular appointment. In order to
substantiate the same, the respondents have not furnished any document except
by referring that the petitioner’s father is a daily wage employee.
7. To contradict the said contention, the learned counsel for the petitioner
has relied upon the salary slip issued by the respondents. According to the
salary slip, the petitioner was provided with all allowances such as DA, HRA,
medical allowances etc., It is also evident that LIC and EPF were also
deducted from his account. For ready reference, the pay certificate of the
petitioner’s father for the month of December 2022 is scanned hereunder.
__________
Page4 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/10/2026 12:40:05 pm )

2026:MHC:4270
WP No. 33187 of 2023
8. Though as rightly contended by the learned Government Advocate,
initially the petitioner’s father appears to have been appointed on 31.12.1993 as
a daily wager and subsequently, it appears that he was regularised which could
be evidenced from the salary slip issued to the petitioner’s father.
9. Therefore, this Court is of the firm view that the rejection order passed
by the respondents on the ground that the petitioner's father’s appointment was
irregular is liable to be rejected. However, as rightly contended by the learned
Government Advocate that compassionate appointment should be strict in
accordance with the guidelines provided by the respective department. In this
case, the learned Government Advocate relied upon G.O.Ms.No.33, Labour
Welfare and Skill Development(Q1), dated 08.03.2023.
__________
Page5 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/10/2026 12:40:05 pm )

2026:MHC:4270
WP No. 33187 of 2023
10. In view of the above detailed discussion, the impugned rejection
order dated 16.11.2023 is set aside. However, the matter is remitted back to the
rd
file of 3 respondent to reconsider the petitioner's request for compassionate
appointment with reference to G.O.Ms.No.33, Labour Welfare and Skill
Development(Q1), dated 08.03.2023.
11. With the above observations, the writ petition stands allowed. No
costs.
14-10-2026
Index: Yes
Speaking Order
Neutral Citation: Yes
NR
To
1. The Joint Registrar of Co-op Societies
Krishnagiri Region, Krishnagiri District
2. The Deputy Registrar of Cooperative Societies
Hosur Circle, Krishnagiri District
3. The Management of S.527, Kelamangalam
Agricultural Producers Co-op Marketing Society Limited
Rep. By Its Administrator Kelmangalam Denkanikottai Taluk, Krishnagiri
District 635 113
__________
Page6 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/10/2026 12:40:05 pm )

2026:MHC:4270
WP No. 33187 of 2023
C.KUMARAPPAN, J.
NR
WP No. 33187 of 2023
14-10-2026
__________
Page7 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/10/2026 12:40:05 pm )