Madras High Court

Madras High Court: Temporary Employee's Family Denied Job Due to Late Application

Updated
Sep 22, 2025 5:21 PM
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Summary: Prakash's request for a job after his father's death was turned down by the Madurai Bench of the Madras High Court. The judges decided that the request was made too late and that his father was not a permanent employee.

Background of the Case

Prakash's father worked as a Pump Room Operator and was paid daily by the Rajapalayam Municipality. He passed away on September 22, 2003. Prakash's mother first asked for a job on January 25, 2008, but it was turned down because it wasn't submitted within three years of the father's death.

"The request was not made within three years from the date of the employee's death."

Repeated Rejections

Prakash's mother tried many times to get the job. She made a request on a special day for complaints on March 5, 2010, but it was turned down again on March 24, 2010. The officials said the request was late and Prakash's father was not a permanent worker.

Legal Arguments

Prakash's lawyer said there was a hiring freeze from 2001 to 2006, which caused the delay in applying. They also mentioned that other workers in similar jobs had become permanent.

"There was a ban on new hiring between 2001 to 2006."

Court's Decision

The court, led by Justices C.V. Karthikeyan and R. Vijayakumar, turned down the request. They stressed that the request was late and that the father's temporary job status meant the family couldn't get the job through the compassionate scheme.

"The employee who passed away was temporary, and the compassionate job plan can't be given to the family of such temporary employees."

Verdict Summary

The court decided that the delay in applying and the father's temporary job status were the main reasons for turning down the request. Prakash's appeal was not successful.

"There are no merits in the writ appeal and the same stands dismissed."