Sreedhar Sunkara (advocate) 08 March 2022

Compenssationary appointment age relaxation

Hello Members,

In 2019 Shesha Chelapathi worked in the sales tax department of Andhra Pradesh harnessed while in service. His younger brother aged about 41 years at the time of his brother's death has applied for compenssationary appointment in same department, but it took 2 years time in processing his application and he is now 43. He was dependent on his brother and his family need financial assistance for getting bread. The upper age limit for compenssationary job is 39 years. there are some judgments in which the age of 39 for males is also relaxed for financial assistance of a deceased person. Please refer judgment and our opinion in this context.

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Palak batra 09 March 2022

Dear Querist,

As per the scheme for compassionate appointment Upper age limit could be relaxed wherever found to be necessary. The lower age limit should, however, in no case be relaxed below 18 years of age.

In the judgement of RANI DEVI V. DEBT RECOVERY TRIBUNAL “As such the Hon'ble Chairperson, DRAT Delhi, may consider the age of birth of Smt. Rani Devi as 20.06.1978 and granted relaxation of upper age limit for making her appointment on compassionate ground.”

In the case of LALVENDRA ROY V. STATE OF BIHAR it was directed that the writ petitioner becoming over age, relaxation has to be considered, because the writ petitioner had made an application for being considered for compassionate appointment in the year 2009 itself, when he was, otherwise, competent to be considered.

Regards,

Palak