GLIMPSE OF A LATEST VERDICT* *W.P.(MD) 12064/2018* K. Ravi Vs. The Regional Director of Municipality Dated: 04.08.2021 *Hon’ble Justice D. Krishnakumar* dismissed the Writ Petition in the matter relating to *“Compassionate appointment – rejected on age restriction”* and observed and held the following: i)  According to the petitioner, as per Rule

*GLIMPSE OF A LATEST VERDICT*

*W.P.(MD) 12064/2018*
K. Ravi Vs. The Regional Director of Municipality
Dated: 04.08.2021

*Hon’ble Justice D. Krishnakumar* dismissed the Writ Petition in the matter relating to *“Compassionate appointment – rejected on age restriction”* and observed and held the
following:

i)  According to the petitioner, as per Rule 12(d) of Tamilnadu State and Subordinate Service Rules, the maximum age limit prescribed in the special rules is not applicable to the Scheduled Caste and
Scheduled Tribes candidates.

ii) However, it was held that as per Rule 11B of Tamil Nadu Municipal Service Rules, 1970, the maximum age limit for appointment by direct recruitment on compassionate grounds, shall be thirty years in respect of sons or unmarried daughters and forty years in respect of wife or husband of the municipal employee. Therefore, when the aforesaid Rule is very clear and there is no provision for granting age relaxation to the petitioner, the petitioner is not entitled to age relaxation.

iii) The Hon’ble Court extracted a catena of cases relating to compassionate appointment. Two significant ones are Umesh Kumar Nagpal vs. State of Haryana [(1994) 4 SCC 138] – wherein it was held that, “The object (of granting compassionate appointment) is not to give a member of such family a post much less a post for post held by the deceased.” And Bhawani Prasad Sankar vs.
Union of India [2011 (3) LLN 37 (SC)] – wherein it was held that, “compassionate employment cannot be granted as a matter of course by way of largesse irrespective of the financial condition of the deceased/incapacitated employee’s family at the time of his death or incapacity”.

iv)  In the Tamil Nadu Municipal Service Rules, 1970, which is applicable to the facts and circumstances of the case on hand, there is no provision for granting age relaxation for compassionate appointment. Unless there is age relaxation in the statute, the Court cannot traverse the period prescribed by the Authority.

v) Therefore, the contention of the petitioner for age relaxation is liable to be rejected and hence, the Writ Petition was dismissed.

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