Ajoy Nath Ray, C.J. and Ashok Bhushan, J. - (1.) Heard Sri K.C. Sinha, learned Counsel appearing for the appellants-respondents and the learned Counsel appearing for the respondent-writ petitioner.
(2.) This appeal has been filed against the judgment and order dated 9.11.2005 passed by a learned Single Judge disposing of the writ petition filed by the respondent-writ petitioner, quashing the order passed by the appellants-authorities rejecting the application of the respondent-writ petitioner seeking compassionate appointment. Learned Single Judge by the said judgment has remitted the matter back to the authority concerned to consider and decide the matter again.
(3.) Brief facts necessary for deciding the matter are; the husband of the respondent-writ petitioner Late Constable D.N. Choubey died on 15/12/2001, while working in Central Reserve Police Force. After the death of the husband, an application was made on 17/9/2002 by the respondent-writ petitioner seeking compassionate appointment. The claim of the respondent-writ petitioner was rejected by the appellants-respondents on the ground that her date of birth is 5.7.1971 and she on the date of application was 31 years, 2 months and 12 days old, which is beyond the upper age limit prescribed for the Peon. i.e. 18 to 25 years. A reference has been made to the Rules dated 4.11.1992. namely, Central Reserve Police Force Naik (Gestctner Operator), Constable (Daftry), Follower (Farrash), Follower (Safai Karamchari) and Follower (Peon) Recruitment Rules, 1992, which prescribes the age limit.;