BABY BHAGAWATY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. HK Das, learned counsel for the petitioner and Mr. TC Chutia, learned Additional Senior Government Advocate for the respondents.

(2.) The husband of the petitioner Dweep Kumar Bhagawaty, who was working as a Head Constable under the Home (A) Department of the Government of Assam, died in harness on 13/11/2011 in an accident during duty hours. On his death, the petitioner submitted an application for compassionate appointment on 7/12/2011. The said application was considered by the DLC of Sonitpur district in its meeting of 18/2/2012 and after evaluating the existence of vacancies in the establishment of the Superintendent of Police, Sonitpur in respect of Grade-III post, which was evaluated to be 10 in number, the petitioner was accordingly recommended in a Grade-III post.

(3.) When the recommendation was placed before the SLC in its meeting of 6/6/2017, the recommendation of the DLC was rejected by the SLC by considering her against the post of a Constable by stating the reason that the petitioner was over aged for the post of Constable. Being aggrieved, WP(C) No. 6775/2018 was instituted by the petitioner, wherein by the order dtd. 31/10/2018, a conclusion was arrived at that when the application was made, the petitioner was very much within the prescribed age limit for appointment to a Government post. Accordingly, the matter was remanded back to the SLC for a fresh consideration.