P.LINGAKODI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The order impugned, dated 02.01.2019 is issued rejecting the claim of the writ petitioner to provide Compassionate appointment on the ground that the writ petitioner is over aged. The Government issued orders enhancing the age limit for appointment to be made on Compassionate appointment. The age limit earlier fixed was 30 years and now the age limit is enhanced to 35 years. However, the writ petitioner is aged about 37 years and therefore, due to his over age, he is not eligible to avail the benefit of scheme of compassionate appointment.

(2.) The learned counsel appearing for the petitioner states that the family of the petitioner is in penurious circumstances and therefore the writ petitioner is to be appointed in any one of the suitable post. Citing the orders passed in W.P.(MD)No.12128 of 2018, dated 16.07.2018, the learned counsel for the writ petitioner states that the petitioner is entitled for an appointment on compassionate grounds.

(3.) The scheme of compassionate appointment is an exception. The terms and conditions stipulated to extent the scheme of compassionate appointment is to be scrupulously followed by the authorities competent. Compassionate appointment being a special scheme must be implemented strictly with reference to the terms and conditions and any violation of the scheme will infringe the Constitutional rights of all other eligible persons who are all aspiring to secure public employment through open competitive process. Thus, the Apex Court also held that the special scheme like compassionate appointment is in violation of Article 14 & 16 of the Constitution of India. The scheme of compassionate appointment is provided without assessing the merits and ability of the candidates to perform their duties and responsibilities of the public. Compassionate appointments are provided without assessing the merits of the candidates and rules of reservation is not followed. Merit assessment has not been made. Eligibility criteria are not followed. Only the qualifications and age limit and certain other criteria are followed. Under these circumstances, if large number of compassionate appointments are made in the public administration, undoubtedly the efficiency of the public administration will be affected. Maintenance of efficiency in the public administration is the Constitutional perspective. For example, Article 335 of the Constitution of India speaks about the claims of Scheduled Castes and scheduled Tribes to services and posts. The Constitution states that "the claims of the members of the Scheduled Castes and the Scheduled Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State".