Age limitation can be relaxed for considering job under compassionate grounds: Madras HC
The directions were issued while allowing an appeal moved by M Arunbalaji seeking a job under compassionate grounds.
Madras High Court
CHENNAI: The Madras High Court directed the State to make necessary amendments or modifications in respect of compassionate ground employment with regard to relaxation of age limit for the applicants who fall under peculiar circumstances, including the applicants not attained the age while applying for the employment.
The first division bench of acting Chief Justice D Krishnakumar and Justice Kumaresh Babu held that in peculiar cases where the applicant was not attained the age of majority while applying for the employment under compassionate ground, but reaches majority within three years, the stipulated deadline for the application, the government should consider it by granting relaxation.
The bench directed the School Education department to make necessary amendments or modification in the government order (G.O) -18 of Labour and Employment department, 2020 by enabling the applicant seeking a job under compassionate ground falling short in the age, by relaxing the age limit.
The State should frame guidelines in this regard and communicate it to all the authorities concerned to follow scrupulously, wrote the bench.
The bench also allowed the appellant, who was 17 years old while applying for the employment, to approach the respondent to make a representation to the respondents seeking relaxation of age and directed the State to consider it and pass orders by making amendments.
The directions were issued while allowing an appeal moved by M Arunbalaji seeking a job under compassionate grounds.
The factual background of the case is that the appellants mother R. Kasturi, died on December 30, 2012 while serving as the headmistress at panchayat union elementary school at T. Sanarpalayam, Tirupur.
Following that the appellant made an application to the authorities seeking compassionate appointment, while he was 17 years old at the time of making the application.
After an inordinate delay of nearly 7 years, in 2020 the district educational officer rejected his application as he was falling short of age for the employment as per the G.O. 18 of Labour and Employment department, 2020 while making the application.
Challenging this rejection the appellant moved the High Court, however the single judge dismissed the petition on the ground that his family was not in indigent circumstances for the employment under compassionate ground.
The counsel for the appellant submitted that his client's application was submitted within the stipulated time limitation which is three-year and he also complied with all requests for documents.
However, without considering the fact, the single judge dismissed the petition, said the counsel.
After the submission the bench allowed the appeal by setting aside the single judge order and the rejection order.
