Madras High Court Initiates Contempt Proceedings Against Chief Secretaries Working Since 2023 Over Non-compliance Of Orders On Compassionate Appointment
In light of the fact that the Chief Secretaries did not comply with the earlier orders on compassionate appointment, the Madras High Court has taken suo-motu action and directed the Registry to register a contempt case against all officers, who worked as Chief Secretary of the Government of Tamil Nadu with effect from September 2023 to June 6, 2025.
While hearing a Writ Petition pertaining to compassionate appointment, it came to the notice of the High Court that an earlier order passed on September 19, 2023, had not been complied with. Accordingly, the Court directed the Registry to list those 4 cases.
The Single Bench of Justice Battu Devanand held, “The present issue is a classic example of lethargic attitude of the several bureaucrats. It appears that they have no concern towards the common man and poor litigants, who are approaching the Court for justice. Even after passing orders by this Court, the poor litigant public are not in a position to enjoy the fruits of the justice. To send a clear message to the bureaucrats, who are not implementing the Court orders and acting with brazenness, this Court intends to initiate suo motu contempt proceedings against the third respondent in W.P.No.2621 of 2020.”
Advocate V. Ajoy Khose represented the Petitioner while Standing Counsel A. Sundaravadanam represented the Respondent.
Factual Background
The Court had considered various Government Orders issued by the State Government to implement the scheme of compassionate appointment from the year 1972 to 2023 and after considering the Tamil Nadu Civil Service (Appointment on Compassionate Grounds) Rules, 2023 which were notified in G.O.Ms.No.33, Labor Welfare and Skill Development (Q1) Department, dated March 8, 2023. The Court had also noticed several infirmities in the said Rules while extending the benefit of the compassionate appointment scheme to the legal heirs of the deceased employee working in the State Government and its instrumentalities.
The Court had directed the Chief Secretary of the Tamil Nadu Government, who is the third respondent, to constitute a Committee to look into the issue to make necessary recommendations to amend the Tamil Nadu Civil Service (Appointment on Compassionate Grounds) Rules, 2023 to fix time frame to provide compassionate appointment to the legal heirs of the deceased employees and to consider the suggestion for feasibility to maintain State-wise list of the depandants for compassionate appointment and to take steps to obtain report from the Committee within two months. The Court had also asked the Chief Secretary to place the action taken report before it within three months for consideration. However, no such report had been filed within the time as directed by this Court.
Reasoning
The Bench noted that the Chief Secretary did not constitute a Committee to look into the issue from a proper perspective, taking into consideration the observations and findings made in the earlier order.
“After considering all these facts, this Court is of the prima facie opinion that the third respondent i.e., the Chief Secretary of the Government of Tamil Nadu failed to comply the order of this Court in true letter and spirit”, it said while also adding, “This Court is expressing its deep anguish and displeasure towards the attitude of the third respondent in disrespecting the Court orders and executing them in true letter and spirit. As and when the third respondent, who is being the Head of the executive of the State, is not implementing the Court order and taking it in a lighter way, this Court cannot expect that his subordinate officers working in the State Government would implement the Court orders in true letter and spirit.”
Noting the fact that the State Government officers are choosing to file Writ Appeals with delay condonation petitions, the Bench mentioned that it has become the habit of the State Government Officers to file appeals with delay as and when contempt cases are filed and statutory notices were issued by the Court and such a practice is not acceptable.
Thus, the Bench ordered, “Accordingly, the Registrar (Judicial), High Court, Madras is directed to get the particulars of all officers, who worked as Chief Secretary of the Government of Tamil Nadu with effect from 19.09.2023 to till date and register a contempt case against them under the provisions of Contempt of Courts Act 1971 read with Article 215 of the Constitution of India and issue notice to them to enable them to submit their response by next date of hearing.”
The matter had now been posted on June 20, 2025.
Cause Title: V.Nithya v. Tamilnadu State Transport Corporation (Coimbatore) Ltd. & Ors. (Case No.: W.P.Nos.2621, 9953, 14002 and 15566 of 2020)
Appearance
Petitioner: Advocate V. Ajoy Khose
Respondents: Standing Counsel A. Sundaravadanam, AAG P. Kumaresan, G.P. A.Edwin Prabakar, SGP D. Ravichander
