Overage man can’t get job on compassionate grounds, says HC

AGE MATTERS

Overage man can’t get job on compassionate grounds, says HC

TIMES NEWS NETWORK

Madurai: 10.08.2021

Taking into account that there was no provision for granting age relaxation for compassionate appointment as per Tamil Nadu Municipal Service Rules, 1970, the Madras high court has dismissed a plea moved by a man seeking compassionate appointment following his father’s death.

The court was hearing the petition filed by K Ravi. The petitioner’s father who was working as an employee at Aruppukottai municipality in Virudhunagar district died during service in 2015. Though the petitioner submitted an application seeking compassionate appointment, the authorities had rejected the same in 2016, on the ground that he had crossed the maximum age limit fixed for appointment by direct recruitment on compassionate grounds.

Ravi’s counsel submitted that the petitioner belongs to scheduled tribe community and he was eligible for age relaxation. He submitted that as per the Tamil Nadu State and Subordinate Service Rules, maximum age limit is not applicable to the scheduled caste and scheduled tribe candidates.

Objecting the contentions of the petitioner, the standing counsel appearing for the municipality, submitted that as per Tamil Nadu Municipal Service Rules, the maximum age limit for appointment by direct recruitment on compassionate grounds, shall be 30 years in respect of sons or the unmarried daughters and 40 years in respect of wife or husband of the municipal employee.

Taking cognizance of the submissions, justice D Krishnakumar observed that the rules is applicable to the facts and circumstances of the case and 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.

In view of the settled legal position, this court is of the view that the contention of the petitioner for age relaxation is liable to be rejected, observed the judge while dismissing his petition.