VIKRANT AWASTHI Vs. STATE OF CHHATTISGARH AND OTHERS

JUDGEMENT

(1.) Challenge to the present petition is the order dated 10.07.2009 whereby the claim of the petitioner for compassionate appointment has been rejected on the ground that on the relevant date he had already crossed the maximum age limit for government employment.

(2.) The claim of the petitioner for compassionate appointment was on account of death of his wife Smt. Anita Awasthy employed with the respondents as Shiksha Karmi Grade-III who died in harness on 10.09.2008. The petitioner, being the Husband of deceased, immediately moved an application for compassionate appointment which was duly processed and considered by the respondents, however, since at the relevant time the petitioner was more than 36 years of age, his claim was rejected for having crossed the maximum age limit of employment with the State government.

(3.) Counsel for the petitioner submits that age bar fixed for government employment would not be applicable in case of compassionate appointment and bar of age would defeat the object and intention of the compassionate appointment. His candidature cannot be deferred only because of his having crossed the maximum age limit prescribed for government employment. It is also submitted that respondents themselves have submitted in their rejection order that except for the widow all others claiming compassionate appointment like widower, son and unmarried daughter, the maximum age inclusive of age relaxation would be 45 years. In the instant case, if the benefit of age relaxation had been given to the petitioner, definitely he being below 45 years of age at the relevant point of time would have become entitled for appointment.