Gauhati High Court
Bandana Singha vs The State Of Assam And 5 Ors on 9 January, 2023
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GAHC010219222022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6938/2022
BANDANA SINGHA
W/O- LATE PRAFULLA KUMAR SINGHA, HAILAKANDI TOWN, WARD NO.
1, P.O., P.S. AND DIST. HAILAKANDI, ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS
TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY OF
PUBLIC WORKS DEPARTMENT, DISPUR, GUWAHATI-06.
2:THE CHIEF SECRETARY TO THE GOVT. OF ASSAM CUM CHAIRMAN
STATE LEVEL COMMITTEE
FOR APPOINTMENT ON COMPASSIONATE GROUND
DISPUR-06.
3:THE CHIEF ENGINEER
PWD (ROADS)
ASSAM
CHANDMARI
GUWAHATI-3.
4:THE ADDITIONAL CHIEF ENGINEER (P)
PUBLIC WORKS DEPARTMENT (ROADS)
ASSAM
CHANDMARI
GUWAHATI-03.
5:THE DEPUTY COMMISSIONER
HAILAKANDI CUM CHAIRMAN DISTRICT LEVEL COMMITTEE FOR
COMPASSIONATE APPOINTMENT
DIST. HAILAKANDI
ASSAM
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6:THE EXECUTIVE ENGINEER
PWD HAILAKANDI RURAL ROAD DIVISION
HAILAKANDI
Advocate for the Petitioner : MR M J QUADIR
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
09.01.2023
Heard Mr. MJ Quadir, learned counsel for the petitioner. Also heard Mr. R
Dhar, learned counsel for the respondents No.1, 3, 4 and 6 being the authorities
under the PWRD and Mr. A Chakraborty, learned Junior Government Advocate
for the respondents No.2 and 5 respectively being the Chief Secretary to the
Government of Assam and the Deputy Commissioner, Hailakandi.
2. The husband of the petitioner Prafulla Kumar Singha who was a Grade IV
employee in the PWRD Hailakandi Division died in harness on 06.01.2015. The
said application was placed before the DLC of Hailakandi district and by the
minutes dated 02.03.2018 there is a recommendation in favour of the petitioner
for a Grade IV post. But the said recommendation was not placed before the
SLC, in view of the communication dated 14.08.2018 of the Additional Chief
Engineer (P), PWD (Roads) Assam by which the Executive Engineer Hailakandi
was informed that the current age for Government job is 44 years as per latest
circular and the petitioner is beyond 44 years. In other words, the
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recommendation made in favour of the petitioner had not been placed before
the SLC by raising a legal issue that the petitioner is beyond the upper age limit
for a Government job.
3. The issue whether the upper age limit for compassionate appointment is
applicable has been decided by this Court in the judgment and order dated
24.08.2018 in WP(C)No.2989/2010 wherein in paragraph 7, it has been provided
that the concept of upper age limit for Government service is not applicable in
case of compassionate appointment. We have been told that the said judgment
has attained its finality and the law is prevailing for the purpose. As there is no
upper age limit for compassionate appointment as provided in the judgment
dated 24.08.2018 in WP(C)No.2989/2010, we direct the Chief Engineer PWD
(Roads), Assam to place the recommendation made by the DLC in favour of the
petitioner in its meeting dated 02.03.2018 before the next available SLC and the
SLC may pass a reasoned order on the claim of the petitioner on its own merit.
4. If the recommendation of the petitioner had already been placed before
the SLC in any earlier occasion, there would be no further requirement to place
the same again and the outcome thereof be communicated to the petitioner.
5. Writ petition stands disposed of in the above terms.
JUDGE
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Comparing Assistant
