IMPORTANT POINT
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 deceased employees must be followed.

JUDGMENT :

S.M. Subramaniam, J

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 writ petition came to be instituted.

4. Mr.S.N.Ravichandran, learned Counsel for the petitioner would submit that the petitioner belongs to the Scheduled Caste community. Therefore, she is entitled for relaxation of age limit by 5 years as per the Service Rules. Thus, the order of rejection in unsustainable.

5. In support of the said contention, Mr.S.N.Ravichandran relied on the Judgment of the Hon'ble Division Bench of this Court in the case of C.Jayapal Vs. The Director of Medical Education, Chennai-10 and Ors., reported in 2005 (5) CTC 655 wherein, the following observations are made:

“5. We have already observed that the applicant belongs to Scheduled Caste Community. The Government of Tamil Nadu, Labour and Employment Department, by letter No.46571/N1/82-3 dated 24.11.1982, clarified the question of age relaxation in the case of Scheduled Caste and Scheduled Tribe as under:

“2. The Government have examined the above points and issued the clarifications as follows:

(i) The dependants of deceased Governments Servants (belonging to Schedule Caste/Scheduled Tribe) can be appointed on compassionate grounds in relaxation of age rule, even if they exceed the age limit prescribed in the Special Rules, when it is more beneficial to the individual.”

Though the existence of the said instruction is not disputed, the fact remains, the respondents have not considered the relevant fact that in the case of appointment on compassionate ground, the age limit prescribed in the Special Rules can be relaxed if applicant belongs to SC/ST. As per G.O.No.1579 dated 21.07.1981, the maximum age as far as son or daughter is concerned is 30 and widow of the deceased is 31 years, in the case of employment on compassionate ground. In the letter dated 11.03.1982, the Government Servant, the age of son or daughter/widow should not be more than 30/40 years. In G.O.Ms.No.155 L & E dated 16.07.1993, in para-3, it is stated that when a dependent of the family is employed, the factors to be ascertained are, whether he is regularly employed and is already supporting the family; if the person was employed even before the death of the Government servant and was living separately without extending any help to the family, then the case of other eligible dependent should be considered.”

5.1 In the case of The Secretary to Government of Tamil Nadu Vs. G.Parthiban dated 16.10.2015 in W.A.No.1565 of 2015, the Hon'ble Division Bench made the following observations:

“3. Before the Writ Court, contentions have been made that the Government have relaxed the condition, regarding the age, and while considering a similar case in W.P.No.744 of 2002 dated 27.10.2005, a Hon'ble Division Bench has issued a direction to the Government to extend the benefits to the petitioner therein. Submissions have been made that in yet another decision made in W.P.No.6082 dated 23.08.2011, this Court has issued similar directions to relax the age limit, in the case of Schedule Caste candidates.”

6. The legal principles governing the concessional scheme of Compassionate appointment is that, it cannot be claimed as an absolute right. It is a Special Scheme implemented by the Government to mitigate the circumstances arising out of the sudden death of Governme