1. The present writ petition has been preferred by the petitioner assailing the order dated 16.07.2012, passed by the respondent No.3 rejecting the application for compassionate appointment filed by the petitioner on the ground that he was over aged.

2. The brief facts which lead to the filing of the petition was that the petitioner’s mother late Smt. Kalpana Banik was an employee working as a Guard (Female) at the Jagdalpur Jail. She died in harness on 20.04.2010. The petitioner applied for compassionate appointment along with all relevant documents. On due scrutiny, the petitioner was found ineligible as he had crossed the maximum age limit of 35 prescribed for grant of employment to a person with the respondents vide impugned order dated 16.07.2012. It is this order which is under challenge.

3. According to the petitioner since the claim of the petitioner for an employment was on compassionate ground, the normal age conditions prescribed in the service regulations would not be applicable. The petitioner would be entitled for age relaxation up till the age of 45, which is the upper age limit prescribed by the State Government.

4. Counsel for the petitioner refers to the circu