Allowed

Debajit Kalita v. the State of Assam and 2 Ors.

Gauhati HC4 Mar 2021WP(C)/746/2016

Case brief

AI extract

What is this about?

Petitioner, an in-service departmental candidate with high marks, approached the Gauhati High Court seeking relaxation of the upper age limit for the Electrician post as promised in the recruitment advertisement and supported by service rules.

What did the court decide?

Respondents directed to consider relaxation of the upper age limit for the petitioner and issue necessary appointment orders within two months.

Debajit Kalita Vs the State of Assam and 2… — Pension and Retirement Benefits | Gauhati HC (2021)

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Page No.# 1/6

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GAHC010226582016

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/746/2016

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DEBAJIT KALITA

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S/O SRI TUPIDHAR KALITA GAURISAGAR, P.O. GAAURISAGAR, DIST. SIVASAGAR, ASSAM PIN - 785640.

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VERSUS

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THE STATE OF ASSAM AND 2 ORS THROUGH THE COMMISSIONER and SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF HANDLOOM, TEXTILES and SERICULTURE, DISPUR, GUWAHATI- 781006.

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2:THE DIRECTOR OF SERICULTURE

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ASSAM KHANAPARA GUWAHATI- 781022 DIST. KAMRUP METRO ASSAM.

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3:THE ASSISTANT DIRECTOR OF SERICULTURE

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SIVASAGAR JOYSAGAR DIST. SIVASAGAR ASSAM. PIN -785665

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Advocate for the Petitioner : MR.H BARUAH

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR JUSTICE SONGKHUPCHUNG SERTO

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ORDER

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04.03.2021

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Heard Mr. P.J. Phukan, learned counsel appearing for the petitioner. Also heard Mr. R. Dhar, learned Standing Counsel, Department of Handloom, Textiles & Sericulture appearing for all the respondents.

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The petitioner, herein, was appointed as a Regular Muster Roll (Grade-IV) Electrician on 01.03.1993 in the Sericulture Department and thereafter his service was regularized on 14.10.2005. After a prolonged discussion and exchange of communications between the Department and the Government, a post of Electrician was created at Composite Mulberry Reeling Unit, Gaurisagar (NEC) vide letter No. HTS 219/2013/15 dated 07.01.2015. Thereafter, the Director of Sericulture, Assam issued an advertisement inviting applications from eligible candidates for filling up the post of Electrician. The advertisement is reproduced hereinbelow-

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“ ADVERTISEMENT

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In pursuance of Govt. approval vide No.HTS-219/2013/29. Dt 07-05-2015, application in Standard Form as given in Part-IX of the Assam Gazette are invited from intending and eligible candidates, who are citizens of India and registered in any of the employment Exchanges within the State of Assam, for filling up the under mentioned one vacant post of Electrician in Computer Mulberry Reeling and Twisting Unit, Gaurisagar under the Directorate of Sericulture, Assam Khanapara, Ghy-22 carrying the following pay scales with other allowances as admissible under rules.

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Sl.N	Name of the	No.of	Minimum	Experience	Age	Reservation
o	post & scale	vacancy	educational		on 01-01-
	pay		qualification		2015
1.	Electrician,	1 No.	(i)Passed HSLC	Preference	Not less than	As per
	Rs.5200- 20,200 with		or equivalent Examination (ii) ITI certificate	will be given to the	18 years as on 01-01- 2015. The	existing reservation Rule
	Grade Pay Rs.2400/-P.M		course passed (Trade	candidate havingat	upper age limit is

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under PB-II	Electrician)	least	relaxable for
		10(ten) years experience in operation of 3 phase 440 volt Mulberry Reeling & Twisting Machine in Sericulture sector	reserved categories as per Rules. There will be age relaxation for in service Departmenta l candidates.

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Required Testimonials to be attached with the Application : All of applicants should submit their application alongwith attested copies of (i) certificate and Mark-sheets of General and Technical Qualification (ii) Employment Exchange Registration Certificate (iii) Age proof Certificate (iv) Caste Certificate (for SC/ST/OBC/MOBC) (v) Discharge certificate for Exserviceman and (vi) Experience certificate to the Directorate of Sericulture, Assam, Reshom Nagar, Khanapara, Guwahati-22.

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Photograph & Self-addressed Envelope : Each application must be accompanied with (i) Two copies of recent passport size photograph of the candidate with his/her signature at the top and duly attested by a Gazetted Officer & (ii) One self addressed envelope of size 23 cms X 10 cm with a Rs.,5/- postal stamp affixed on it.

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Last date : Applications should reach the undersigned on or before 10-06-2015. Any application received after that date as well as any incomplete application shall not be entertained. Government servants should apply through proper channel.

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The undersigned shall not be responsible for any postal delay.

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The candidates may be called for test/interview on dates to be notified later, and they will have to appear in such test/ interview at their own expense .

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Candidates should clearly mention the post applied for on top of the envelope containing their application.

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Canvassing in any form will be treated as disqualification.

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Sd/-

Director

Sericulture, Assam, Guwahati-22

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Janasanyong/1582/15 ”

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The petitioner applied for the post of Electrician as a departmental candidate and his application was forwarded by the Assistant Director of Sericulture vide his letter dated 30.01.2015. After all the formalities were completed, a Selection Committee constituted for that purpose held the interview on 26.08.2015 in the Directorate of Sericulture, Assam wherein out of 19 applicants, only 3 applicants including the petitioner were present. As per the assessment of the Selection Committee, out of the 3 candidates, who appeared in the interview, the petitioner scored 69.60 marks and the other two candidates scored 45.20 and 18.20 marks respectively. However, the respondents did not issue the appointment order on the ground that, the petitioner, by then had crossed the upper age limit of 38 years (as on 01.01.2015).

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Being aggrieved, the petitioner is before this Court praying for issuance of appropriate writ or order or direction, directing the respondents to relax the upper age limit for him, as given in the column-6 of the advertisement, wherein relaxation of the upper age limit was made permissible for in service departmental candidates.

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Mr. P.J. Phukan, learned counsel appearing for the petitioner submitted that the petitioner’s candidature was accepted by the respondents, as he was eligible as per the provisions of Rule 2, (15) of the Assam Sericulture Technical and Miscellaneous (NonGazeted) Service Rule, 2008 (in short, Rule of 2008) and his application was forwarded by the Department as in service departmental candidate in view of the provision of Rule 26 of the said Rule of 2008 which empowers the Government to relax any of the conditions given under the rule, if the operation of any of the rules causes undue hardship in any particular case. The learned counsel further submitted that, keeping all these provisions, in view, the respondents had issued the advertisement wherein it has been specifically mentioned that upper age limit is relaxable for in service departmental candidates, therefore, there is nothing

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which should stop the respondents to relax the upper age limit for the petitioner and to issue necessary order, appointing him to the post of Electrician as he had scored the highest mark in the selection process.

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It is also submitted by Mr. P.J. Phukan that the petitioner had already served for 22 years by that time the selection process was conducted therefore his case should have been considered even more sympathetically.

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Mr. P.J. Phukan, thereafter submitted that in a similar case of the same Department, this Court had directed the respondents to consider relaxation of the upper age limit of the petitioners therein and to appoint them as Demonstrators in the Directorate of Sericulture, Assam [WP(C) No.4505/2015, vide order dated 11.09.2015].

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Mr. R. Dhar, learned Standing Counsel, Department of Handloom, Textiles & Sericulture appearing for the respondents submitted that the only technical point, which has to be taken into consideration is that the Sl. No. 16 in the selection list is only 24 years and 9 months at that time, therefore, he is an eligible candidate and he got 45.20 marks, but he has not been arrayed here as a party respondent. Mr. R. Dhar further submitted that in case the petitioner’s age is not relaxed, he should be the one, who should be selected, since he was eligible and got the second highest marks, therefore, he should have been arrayed as a party respondent.

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I have considered the submissions made by the learned counsel appearing for the parties, keeping in view at the same time the facts and circumstances and the relevant rules submitted by them. There is no dispute on the fact that the petitioner’s name was forwarded as in service departmental candidate and there cannot be any dispute on the fact that the advertisement issued for filling up the post of Electrician had categorically provided that the upper age limit i.e., 38 years can be relaxed for in service departmental candidates. In fact, the language used in the said advertisement is “there will be age relaxation for in service departmental candidates”. Therefore, the respondents are not only bound by their advertisement but they are also empowered under the service rule. As such, they should have relaxed the upper age limit for the petitioner, this is his last opportunity and it has come after 22 years of service. When the rule empowers such relaxation, there is nothing to stop the respondents in relaxing the upper age limit for the petitioner since he is a departmental

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candidate. Therefore, the respondents are hereby directed to consider relaxation of the upper age limit for the petitioner and issue necessary consequential order/ orders, within a period of 2(two) months from the date of receipt of a certified copy of this order.

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This writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Debajit Kalita v. the State of Assam and 2 Ors.

Case brief

What is this about?

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Debajit Kalita v. the State of Assam and 2 Ors.

Case brief

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