Compassionate Appointment Is a Concession, Not a Right: Madras High Court Dismisses Claim for Higher Initial Post After Accepting Two Promotions

1. Case Snapshot

Case Name: M.P. Prabu Arul Wales vs The Secretary to Government & Anr

Citation: WA No.2549 of 2023

High Court: High Court of Judicature at Madras

Bench: Hon'ble Mr. Justice S.M. Subramaniam and Hon'ble Mr. Justice N. Senthilkumar

Date of Judgment: 17th June, 2026

Area of Law: Service Law, Compassionate Appointment, Public Employment

2. Judgment in Brief

The Madras High Court dismissed a writ appeal filed by an employee appointed on compassionate grounds, who sought a declaration that his initial appointment should have been to the post of Junior Assistant instead of Record Clerk. The appellant's father died in service in 2005, and the appellant was appointed as Record Clerk in 2007 based on his SSLC qualification. He subsequently received promotions to Junior Assistant in 2015 and Assistant in 2021. The Court held that compassionate appointment is a concession, not an absolute right, and its terms must be scrupulously followed. Since the appellant possessed only SSLC qualification at the time of appointment and the post of Junior Assistant fell under the purview of the Tamil Nadu Public Service Commission (TNPSC), the appointment to the post of Record Clerk was justified. The appellant's acceptance of two promotions further disentitled him from challenging the initial appointment.

3. Relevant Facts

Death of the Employee and Compassionate Appointment

• The appellant's father was working as Assistant in TAHDCO, Chennai.

• He died on 11.09.2005 while in service.

• The appellant was appointed on compassionate grounds to the post of Record Clerk on 10.01.2007.

Promotions Received

• The appellant was promoted to the post of Junior Assistant on 27.08.2015.

• He was further promoted to the post of As

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