IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, K.RAJASEKAR, JJ
C. Dharma – Appellant
Versus
State of Tamil Nadu – Respondent
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 Servic
The definition of 'family' under the Tamil Nadu Civil Services (Appointment on Compassionate Grounds) Rules, 2023, excludes grandchildren, emphasizing that compassionate appointments are concessions,....
Compassionate appointment is an exception and a concession, not an absolute right, and should be made strictly in accordance with the rules. The purpose of the scheme is to mitigate the circumstances....
Compassionate appointments require proof of indigent circumstances and must comply with constitutional mandates, ensuring equal opportunity in public employment.
Compassionate appointment is an exception and a concession, not an absolute right, and should be provided only to eligible candidates who can establish the genuineness of their claim.
Compassionate appointment is an exception to the general rule and should be granted based on fulfilling the eligibility criteria and the family's financial condition. It is not a matter of right and ....
Compassionate appointment is a concession and not an absolute right, to be provided within a reasonable period of time from the date of death of the deceased employee, in accordance with the State's ....
Compassionate appointment is not a matter of right but a concession granted under exceptional circumstances, and it should be evaluated based on the provisions contained in the scheme. Equal opportun....
Compassionate appointment is an exception to the general rule and should be made in accordance with the state's policy and eligibility criteria. It is not a matter of right and is intended to enable ....
Compassionate appointment is a concession granted under exceptional circumstances and cannot be claimed as a matter of right. Equal opportunity in public employment is a constitutional mandate, and c....
Compassionate appointments must be sought within a reasonable time frame, and the scheme cannot be invoked after significant delays, as it undermines the rights of other eligible candidates.
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