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Judgment
(Order of the Court was made by S.M.Subramaniam, J.)
The order of the Principal District Judge, Kancheepuram District at Chengalpattu, dated 17.10.2025, declining to grant appointment on compassionate grounds, on the ground of medical invalidation, is under challenge in the present writ petition.
The father of the writ petitioner Mr.A.Veeramuthu joined as Night Watchman in the Principal District Court, Chengalpet, on 20.09.2001. Her was promoted as Office Assistant on 04.06.2007. Subsequently, he was serving as Record Clerk. From 2009 to 2023, he was serving as Process Server. The father of the writ petitioner met with an accident on 09.08.2005, while he was on duty and sustained severe head and spinal cord injuries. He took treatment continuously. Admittedly, he joined duty in the year 2005 itself and served for a considerable length of time. He made an application on 20.02.2020 seeking to relieve him from service on the grounds of medical invalidation. He further submitted an application seeking appointment on compassionate ground, to the writ petitioner, who is the son of the employee. The Competent Authority referred the father of the writ petitioner for medical assessment before the Medical Board, Chengalpet. The Competent Medical Board, Chengalpet, on 31.05.2023, declared that the father of the writ petitioner was not fit to perform his duties. In other words, declaration of medical invalidation was done by the Competent Medical Board on 31.05.2023.
Rule 2(g) of the Tamil Nadu Civil Services (Appointment on Compassionate Grounds) Rules, 2003 defines ‘medically invalidated’ as under:
“(g)“medically invalidated” means, a Government servant ordered to be retired from service with not less than five years of left over service, on medical invalidation in the public interest under Fundamental Rule 56(2) read with rule 24(b) of rules for “Leave procedure in the case of Government servants”, made under Fundamental Rule 74 and ‘medical invalidation’ shall be construed accordingly.”
In the present case, as per the Rules, the Authorities found that the case of the writ petitioner does not fall within the ambit of the Scheme, since the declaration of medical invalidation was made by the Competent Medical Board on 31.05.2023. The Rules governing compassionate appointment are to be followed scrupulously. Compassionate appointment being a concession. Any relaxation of the conditions of the Scheme would infringe the rights of eligible candidates who all are aspiring to secure appointment through the open competitive process. Since the writ petitioner has not fulfilled the conditions of the Scheme, the decision taken by the respondents cannot be said to be infirm. Consequently, the writ petition stands dismissed. No costs.