Compassionate appointments are made to help families in indigent circumstances and are subject to strict compliance with guidelines and rules. The discretionary nature of compassionate appointments is emphasized, and the constitutional scheme of equality is highlighted.

The petitioner has stated that his father P.Nagan had died, on 22.5.2002, while he was employed under the respondent Board. Since, the family of the petitioner was in indigent circumstances, he had requested the management of the respondent Board for appointment on compassionate grounds. In spite of the several representations made by the petitioner, and even after he had produced all the necessary documents, the first respondent had issued the impugned letter, dated 2.9.2006, rejecting the request of the petitioner, stating that he should have applied for being appointed on compassionate grounds, within three years from the date of the death of his father. It had also been stated that the petitioner should not be over 35 years of age.

2. The learned counsel appearing on behalf of the petitioner had submitted that the petitioner had crossed the age limit of 35 years only for the reason that there was a ban on recruitment, as per the relevant government order. After the ban imposed by the Government had been relaxed and as the upper age limit had also been increased by way of the Government orders in G.O.Ms.No.91, Personnel and Administrative Reforms

(P) Department, dated 6.7.2006, and G.O.Ms.No.98, Personnel and Administrative Reforms (S) Department, dated 17.7.2006, the petitioner had become eligible for being appointed on compassionate grounds.

3. In the counter affidavit filed on behalf of the respondent, it had been stated that the State Government had passed an order in G.O.Ms.No.120, Labour and Employment Department, dated 26.6.1995, stating that all appointments on compassionate grounds should be made within three years from the death of the Government servant. Further, the State Government, in G.O.Ms.No.9, Labour and Employment (Q1) Department, dated 19.1.1998, had issued orders fixing the age limit of 35 years for the legal heirs of the government servants, for being appointed on compassionate grounds. It had also been stated that the petitioner's application was not accompanied by the nomination letter of the wife of the deceased employee.

4. It had also been stated that the Government of Tamil Nadu, in its order No.98, P & AR(S) Department, dated 17.7.2006, had issued orders stating that the upper age limit for entering into government service shall be relaxed by five years, from the thirty years of age limit fixed earlier, to enable unemployed youth, who had been affected by the ban order issued, in respect of the recruitments to government jobs. The age concession would apply only to those, who were to be appointed in the government jobs, by direct recruitment and not for those, who were to be given appointments on compassionate grounds.

5. It had also been stated that the government order, in G.O.Ms.No.42, Labour and Employment (Q), Department, dated 12.3.2007, had extended the period for receiving the application for appointment on compassionate grounds, by three months. However, the petitioner had not applied for being appointed on compassionate grounds, even during the extended period. Hence, the writ petition filed by the petitioner is devoid of merits.

6. In view of the averments made on behalf of the petitioner, as well as the respondent and in view of the submissions made by the learned counsels appearing on behalf of the parties concerned and in view of the Government Orders cited above, this Court is of the considered view that the petitioner has not shown sufficient cause or reason to grant the reliefs, as prayed for by the petitioner, in the present writ petition.

7. The petitioner had not shown sufficient cause for the delay in submitting his application for being appointed on compassionate grounds. In the Government Order, in G.O.Ms.120, Labour and employment Department, dated 26.6.1995, it has been clearly stated that the application for appointment on compassionate grounds should be submitted, within three years from the date of the death of the government servant. The petitioner had submi