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| Widow denied appointment on compassionate grounds Reconsider her case: HC | | | early times report
Jammu, Sept 23: A widow has been denied compassionate appointment under SRO 43 has sought judicial intervention. In a petition filed min the High Court, she has also sought relaxation of age limit. Justice Sunil Hali after hearing Advocate Sudershan Sharma appearing for the petitioner Bandana Thappa whereas Deputy AG Shaista Hakim appearing for the respondents allowed the petition and directed the respondents to reconsider the case of the petitioner for grant of relaxation of age and issue the order of appointment in her favour within a period of three months.
While allowing the petition, the court observed that underlying idea for grant of compassionate appointment is to provide immediate succor to the family whose sole bread earned has died. The object of the scheme cannot be un-done by taking recourse to the issue of appellant's having crossed the upper age limit. It will defeat the purpose of Act. There is no uniform standard with the state to judge the ground for granting relaxation of age. It will vary from case to case depending upon the circumstances of each case. The objection, that state has adopted a policy not to grant relaxation beyond five years, works against the very purpose of the scheme. There may be cases where a person died in harness leaving behind his family who has no source of income. The impediment to implement the SRO 43 is made dependent upon the age of widow. The state can in such cases relax the upper age limit. The state has the power to grant relaxation under Rule 7. What is prohibited by law is that there cannot be any relaxation to the basic eligibility which goes to the route of appointment. But in so far as grant of relaxation in case of upper age limit, same can always depend the facts of each case. With these observations Court allowed the petition of petitioner whose husband is stated to have died on September 16, 2007 while working as teacher in the Education Dept. -(JNF) |
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