RINA BARMAN KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. Phukan, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned counsel for the respondents No. 1, 2 and 5 being the authorities in the Govt. of Assam through the Chief Secretary and Deputy Commissioner, Nalbari and Mr. S.M.T. Chistie, learned counsel for the respondents No. 3, 4 and 6 being the authorities under the Secondary Education Department of the Govt. of Assam.

(2.) The husband of the petitioner namely Late Harinath Kalita who was serving as an Assistant Teacher (Science) in the Haribhanga High School, Nalbari, died in harness on 24.01.2017 and on his death, the petitioner made an application in the prescribed format for compassionate appointment on 03.02.2017. Admittedly the application of the petitioner for compassionate appointment was made within the prescribed time limit. The DLC of Nalbari district in its meeting held on 21.03.2018 recommended the petitioner for appointment on compassionate ground against the post of Grade-III (LDA) in the unreserved category taking note of her educational qualification as well as her age of 45 years 9 months 22 days. The DLC had also identified a specific vacancy against which the petitioner is to be appointed. When the recommendation of the DLC was placed before the SLC in its meeting of 04.01.2021, the recommendation by the DLC made in favour of the petitioner stood rejected by providing that the petitioner was over aged at the time of her application. It was noted that the petitioner was 44 years 8 months 25 days at the time when the application was made, whereas, the upper age limit for government job for general candidate was 40 years. Apparently, the SLC rejected the recommendation of the petitioner on the sole ground that she was over aged when the application was made. A question has arisen as to whether any upper age limit is applicable in respect of compassionate appointment. The said question has been settled by this Court in the judgment dated 24.08.2010 in WP(C) 2989/2010, wherein, it has been specifically held that for the purpose of compassionate appointment, there would not be any upper age limit. The said provision is made in paragraph-7 of the judgment which is extracted below:-

(3.) This Court had specifically held that if the contention of there being upper age limit in respect of compassionate appointment is accepted, the same will defeat the very object of providing immediate succor to the dependents of the deceased in the form of compassionate appointment. Although Mr. G. Pegu, learned counsel for the SLC refers to the Office Memorandum dated 01.06.2015 of the Department of Personnel, Govt. of Assam providing that a power is vested on the SLC to relax the upper age limit, but we are of the view that even such office memorandum is not required as there is an existing judicial pronouncement, which had attained its finality that there would be no upper age limit for the purpose of compassionate appointment.