Children below 15 cannot claim compassionate employment after attaining majority : HC

Madurai: Children below 15 years of age on the day of death in harness of either of their parents in government service cannot stake claim for public employment on compassionate grounds after attaining majority, te Madras High Court Bench here has ruled. A Division Bench of Justices S.Manikumar and G.Chockalingam passed the order while allowing a writ appeal preferred by Inspector General of Prisons against a single judge's direction to employ a prison sweeper's son who was 10 years old when she died in 1998. The judges agreed with Special Government Pleader M.Alagithevan that an application for compassionate employment should be made within three years of the death of the government servant and therefore only those who had either attained or could attain majority within that time were eligible for the benefit. Though the counsel for the sweeper's son contended that a person could be employed on compassionate grounds even after the stipulated period of three years if the family of the deceased government servant was found to be living in indigent circumstances, the judges refused to accept the submission. " Needless to state that for entry into any service in the State, the minimum age is 18 years and no minor can be appointed to any service. Therefore, he (the petitioner) cannot make any application for appointment to any post in service and no post can be kept vacant for him, till he attains majority. " Posts which fall vacant have to be filled up as per the recruitment rules. Employment assistance on compassionate appointment is only concession extended to an eligible member of the family.... it is not a right which can be exercised by a minor on attainment of majority," the Bench said. On the issue of indigent circumstances, the judges said: " We are of the view that continuation of penury or indigent circumstances of the family alone is not the factor to be considered..... Reading of the Government orders shows that scheme can be extended only to eligible members of the family within three years. " The scheme has not been framed to provide employment assistance as and when the son or daughter of the deceased employee attains majority. Under the scheme, the prison department is not obligated to keep any post vacant till the applicant attains majority or to consider his candidature on attaining majority." ( Madurai edition of The Hindu, Tuesday, May 3, 2016 ) Courtesy : MPS