Decided on January 19,2018

Smt. Diploma Baruah Appellant
STATE OF ASSAM Respondents


ACHINTYA MALLA BUJOR BARUA,J. - (1.) Mr. B. Chetry, learned counsel for the petitioner. Also heard Mr. N. Sarma, learned standing counsel for the Education Elementary Department as well as Ms. D.D. Barman, learned Addl. Senior Govt. Advocate appearing for the respondent Nos. 2 and 3.
(2.) The husband of the petitioner who was serving as an Assistant Teacher against the permanent post in Mermukh L.P. School under Narayanpur Education Block died-in-harness on 24.11.2015 in a motor vehicle accident. On his death, the petitioner submitted an application for compassionate appointment on 16.03.2016 before the Block Elementary Education Officer, Lakhimpur district. The said application for compassionate appointment was placed before the DLC of Lakhimpur district on 24.02.2017 and by the resolution of the said committee, the case of the petitioner was rejected for being over aged. The rejection order of the DLC also records that the date of birth of the petitioner is 25.02.1975 , meaning thereby that as on 24.02.2017, when the rejection was made, the petitioner was approximately 42 years of age.
(3.) It is stated by the learned state counsel that the upper age limit for government service is 43 years and therefore, the rejection of the case of the petitioner was made on a factually incorrect basis. Moreover, this Court in its judgment and order dated 24.08.2017 in WP(C) No.2989/2010 in paragraph-7 had held that the relevant office memorandum providing the upper age limit for government service if made applicable in respect of compassionate appointment also, the same would defeat the very object of the claim for compassionate appointment for providing immediate succor to the dependants of a deceased employee. Relevant paragraph-7 of the said judgment is as follows:- "That apart, which is more important looking at the policy behind the scheme of compassionate appointment, the Office Memorandum dated 4.1.92 cannot be made applicable for compassionate appointment. The object of the compassionate appointment scheme being to provide immediate succour to the family of the deceased, if the concept of age bar applicable in the case of normal direct recruitment is imported in to the concept of compassionate appointment, it is possible in many cases that the spouse of the deceased will be averaged when a case for making compassionate appointment arises. For example, if a deceased employee dies at the age of 55 years, leaving behind his widow, who is 50 years old, by application of the office Memorandum dated 4.1.92 she would not be entitled to get compassionate appointment also. In my opinion, to accept the contention of the respondents-authorities in this behalf will defeat the very object of providing immediate succour to the dependants of the deceased.";

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