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ACHINTYA MALLA BUJOR BARUA
Baby Bhagawaty W/o Late Dweep Kumar Bhagawaty – Appellant
Versus
State of Assam Rep. by the Chief Secretary – Respondent
JUDGMENT :
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 07.12.2011. The said application was considered by the DLC of Sonitpur district in its meeting of 18.02.2012 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 06.06.2017, 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 dated 31.10.2018, a conclusion was
Point of Law : Police force is a specialized force and therefore, in respect thereof for appointment as a Constable, the upper age limit cannot be relaxed.
Compassionate appointment is contingent on meeting eligibility criteria, and being married disqualifies applicants from age relaxation.
Compassionate appointment is not a vested right and needs to be extended to the bereaved family, considering the financial benefits received by the family.
The main legal point established is that age relaxations under Service Rules do not apply to the compassionate appointment scheme, and the specific age limits prescribed for unmarried sisters of dece....
Point of Law : law of compassionate appointment requires that an application is made against any available vacant post to which the applicant may be duly qualified for and it should not be considered....
The main legal point established in the judgment is that the discretion to grant age relaxation for compassionate appointment must be exercised in a fair and transparent manner, and not arbitrarily o....
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