The definition of 'family' under the Tamil Nadu Civil Services (Appointment on Compassionate Grounds) Rules, 2023, excludes grandchildren, emphasizing that compassionate appointments are concessions, not absolute rights.

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.

The writ of declaration has been instituted to declare Rule 2(f) of Tamil Nadu Civil Services (Appointment on Compassionate Grounds) Rules, 2023 (hereinafter referred to as 'the Rules').

2. The Rule was notified in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India . It is a special scheme notified for the benefit of the employees, who dies in service.

3. Mr.K.Sridhar, the learned Counsel for M/s.Sridhar Associates K. appearing on behalf of the petitioner would submit that in the present case, Mrs.Nagammal, who served in the Salem Corporation died while in service. Her son submitted an application seeking employment on compassionate grounds. Unfortunately, the son died during Covid-19 period before joining the post, despite the fact that an appointment order was issued to him on compassionate grounds. Since the son of the deceased employee had not joined in the service on compassionate grounds now the grand son of the deceased Government employee / Mrs. Nagammal, submitted an application seeking appointment on compassionate grounds.

4. The Authorities relying on the Tamil Nadu Civil Services (Appointment on Compassionate Grounds) Rules, 2023, issued in G.O.(Ms).No.33, Labour Welfare and Skill Development (Q1) Department dated 08.03.2023, not considered the application mainly on the ground that the grandson will not fall under the definition of 'family' under Rule 2(f) of the said Rules.

5. Thus the present writ petition has been instituted challenging Rule 2(f) of the Rules which defines 'family' as under:

"2(f) "family" means;-

(i) in the case of a deceased or medically invalidated married Government servant, his legally wedded spouse, son, daughter including adopted son or daughter, who were dependant on the Government servant at the time of his death or medical invalidation;

(ii) in the case of a deceased unmarried Government servant, his father, mother, brother or sister;

(iii) in the case of a medically invalidated unmarried Government servant, his brother or sister;

(iv) in the case of a deceased or medically invalidated widowed or divorced Government servant, his son, daughter including adopted son or daughter, who were dependant on the Government servant at the time of his death or medical invalidation;

(v) in the case of a deceased widowed or divorced Government servant, having no children or having minor children who could not qualify for appointment under these rules, his father or mother:

Provided that, if the father and mother had crossed the maximum age limit specified in sub-rule(1) of rule 6, brother or sister of the Government servant, as may be nominated by the father and mother;

(vi) in the case of a medically invalidated widowed or divorced Government servant having no children or having minor children who could not qualify for appointment under these rules, his brother or sister as may be nominated by the father or mother."

6. All public appointments are to be made only under the constitutional schemes and by scrupulously following the Recruitment Rules in force. Equal opportunity in public employment is the constitutional mandate. Compassionate appointment scheme is a special scheme and the purpose and object is to mitigate the circumstances arising on account of sudden death of the Government employee while in service. It is a concession and can never be claimed has an absolute right.

7. Scheme is not meant to provide one public employment to a family of the deceased employee. Various eligibility criteria, availability of vacancies reserved on compassionate appointment and other indigent circumstances are to be taken into consideration for providing appointment on compassionate grounds. Compassionate appointment scheme being violative of Article 14 and 16 of the Constitution of India , it is to be utilized sparingly only in deserving cases, where the family is in penurious circumstances on account of the sudden demise of a