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S. M. SUBRAMANIAM, K. RAJASEKAR
K. Padmavathi – Appellant
Versus
Principal District and Sessions Judge, Vellore – Respondent
JUDGMENT :
S.M. Subramaniam, J.
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 1st respondent herein vide his proceedings Ve.Do.Ve No.1642/2014 dated 13.02.2014 and quash the same, consequently directing the 1st respondent herein to place application dated 18.12.2013 given by the petitioner to the 2nd respondent herein.)
1. The order of rejection dated 13.02.2014, rejecting the claim of the writ petitioner for compassionate appointment is under challenge in the present writ petition.
2. The reason for rejection of appointment on compassionate ground was that, the petitioner crossed the maximum age limit of 35 years as contemplated under the scheme of compassionate appointment in G.O.Ms.No.134 Labour and Employment (Q-1) Department, dated 22.10.1998.
3. The fact remains that the writ petitioner's deceased brother died on 27.04.2013, while he was in service in the Judicial Department. The petitioner submitted an application on 18.12.2013 seeking appointment on compassionate grounds. The said application was rejected. Therefore, the present w
Compassionate appointment cannot be claimed as an absolute right and should be granted in accordance with the terms and conditions of the scheme.
The main legal point established is that age relaxations under Service Rules do not apply to the compassionate appointment scheme, and the specific age limits prescribed for unmarried sisters of dece....
Compassionate appointment is an exception to the general rule and must be made in accordance with the state's policy and eligibility criteria, considering the financial condition of the deceased empl....
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