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Rina Barman Kalita – Appellant
Versus
State of Assam – Respondent
JUDGMENT
1. Heard Mr. R. Phukan, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned counsel for the respondent Nos. 1, 2 and 5 being the authorities in the Govt. of Assam through the Chief Secretary and Deputy Commissioner, Nalbari and Mr. S.M.T. Chistie, learned counsel for the respondent Nos. 3, 4 and 6 being the authorities under the Secondary Education Department of the Govt. of Assam.
2. The husband of the petitioner, namely, Late Harinath Kalita who was serving as an Assistant Teacher (Science) in the Haribhanga High School, Nalbari, died in harness on 24.1.2017 and on his death, the petitioner made an application in the prescribed format for compassionate appointment on 3.2.2017. Admittedly the application of the petitioner for compassionate appointment was made within the prescribed time limit.
The DLC of Nalbari district in its meeting held on 21.3.2018 recommended the petitioner for appointment on compassionate ground against the post of Grade-III (LDA) in the unreserved category taking note of her educational qualification as well as her age of 45 years 9 months 22 days. The DLC had also identified a specific vacancy against which the petitioner is to be ap
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....
Compassionate appointment cannot be claimed as an absolute right and should be granted in accordance with the terms and conditions of the scheme.
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.
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