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Petitioner P Kavitha’s mother Pappathiammal, who was a sanitary worker in Dindigul corporation, died in April 2021 due to Covid-19. Kavitha, 43, who is a widow, states that she has been depending on her mother and hence seeks appointment on compassionate grounds. The authorities had informed the petitioner that she cannot be considered. Challenging it, she had filed the present petition before HC Madurai bench seeking compassionate appointment.
Justice G R Swaminathan observed that a GO passed by the government clearly states that the maximum age limit for the son or daughter of a deceased government servant is 40 years at the time of applying. Therefore, the authorities could not have accommodated the petitioner’s request.
Disposing of the petition, the judge allowed the petitioner to submit a representation to the authorities seeking age relaxation. The authorities shall bear in mind the following aspects: Petitioner belongs to arunthathiyar community, is a widow and has to take care of her two minor children as well as sibling as her mother died due to Covid-19 and was a frontline worker.
The authorities shall pass appropriate order on merits on the petitioner’s representation within 12 weeks after it is received. If the authorities grant age relaxation, the corporation shall grant her appointment on compassionate grounds, observed the judge. The petitioner’s representation shall not be rejected on the ground that the GO has fixed an upper age limit.
It is well settled that even if an upper age limit has been prescribed in the relevant rules or government order, it is always open to the state to grant relaxation as a special case in appropriate circumstances, the judge added.
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