High Court held that application for age relaxation must be made to the Head of Department. Directed petitioners to submit representations to Principal Secretary for consideration with reasoned orders.
Directed petitioners to submit individual representations to Principal Secretary for age relaxation decision within 7 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010125532021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4105/2021
RAM KUMAR DEORI AND 6 ORS.
S/O LATE DEBANANDA DEORI, R/O TANGANAPARA, WARD NO. 3, P.O. AND P.S.-DHEMAJI, DIST-DHEMAJI, ASSAM, PIN-787057
2: SMTI. PRATIVA DAS W/O BHABENDRA NATH DAS R/O VILL-AMOLAPATTY P.O. AND P.S.-BARPETA DIST-BARPETA ASSAM PIN-781301
3: DWIJEN CH. MAHANTA S/O LATE GAHIN CH. MAHANTA R/O PATHAR QUARY HARIHARPUR GAON BURHA PATH P.O.-UDAYAN BIHAR DIST-KAMRUP(M) ASSAM PIN-781171
4: THANU RAM CHETIA S/O LATE RUPESWAR CHETIA R/O TEKELA CHIRING GAON CHINING CHAPARI DIST-DIBRUGARH ASSAM PIN-786001
5: PRANAB KUMAR HUJURI S/O DHARMA HUJURI R/O VILL-KHAGRABARI P.O.-KHAGRABARI (BHATHALA) P.S.-BARBARI DIST-BAKSA
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ASSAM PIN-781344 6: PRANAB BORA S/O LATE KAMALA KANTA BORA R/O DHANWA NAGAR (NEAR PETROL PUMP) P.O.-TEZPUR DIST-SONITPUR ASSAM PIN-784001 7: CHINMOY BHOWMIK S/O LATE RAJENDRA LAL BHOWMIK R/O BHOWMIK BHAWAN HOUSE NO. 155 P.O.-RONGPUR WARD NO. 5 SILCHAR DIST-CACHAR ASSAM PIN-78800 VERSUS
THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, FINANCE DEPARTMENT, DISPUR, GUWAHATI-6
2:THE DIRECTOR OF AUDIT (LOCAL FUND) ASSAM KAR BAHWAN DISPUR GUWAHATI-6 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PERSONNEL (B) DEPARTMENT DISPUR GUWAHATI-
Advocate for the Petitioner : MR. U K DAS
Advocate for the Respondent : SC, FINANCE
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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 16-06-2022
Heard Mr. U.K. Das, learned counsel for the petitioners and Mr. R. Borpujari, learned counsel for the respondents No. 1 and 2, being the authorities in the Finance Department of the Government of Assam. Also heard Mr. H. Sarma, learned Additional Senior Government Advocate for the respondent No. 3, being the authorities in the Personnel(B) Department of the Government of Assam.
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the second paragraph, it is provided that in respect of such candidates in the promotional process where there is a requirement of condoning the upper age limit, the Personnel(B) Department as per their endorsement had expressed their inability to relax the upper age for promotion from the Ministerial Staffs to the cadre of Assistant Audit Officers. Being aggrieved, this writ petition is instituted.
(1) “Notwithstanding anything to the contrary in rules regulating the maximum or minimum age of recruitment to a service or post in connection with the affairs of the State of Assam, the age limit may be relaxed in favour of any candidate or class of candidates only if (i) in cases in which the appointing authority is the Governor, or (ii) in other cases, the Head of the Department, considers this necessary in the interest of fair dealing or in the public interest.
(2) In this rule ‘Head of Department’ means the authority who is declared to be the Head of the Department for the purpose of the Fundamental Rules
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and of the Subsidiary and Supplementary Rules made by the State Government, and includes a District and Sessions Judge.
(3) In case in which recruitment is made through the Public Service Commission, the Commission shall be consulted before the rule is relaxed.”
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circumstance, we require the 7(seven) petitioners to submit their individual representations before the Principal Secretary, Government of Assam in the Finance Department requesting for condoning the upper age limit of 45 years for the purpose of promotion to the cadre of Assistant Audit Officer and upon such representations being submitted, the Principal Secretary to pass individual reasoned orders on the respective representations within a period of 15 days from the date of receipt of certified copy of this order. . If the reasoned order to be passed by the Principal Secretary is in favour of the relaxation of the upper age limit, consequential benefits of the DPC in respect of consideration for promotion of the petitioners be given its due effect and on the other hand, if the Principal Secretary is of the view in the reasoned order that the upper age limit is not required to be condoned, the petitioners be informed accordingly. The representations be positively filed within a period of 7 days from today and upon it being filed, the Principal Secretary to give his consideration to such representations within a period of 15 days of filing of such representations. The petitioners to also submit a certified copy of the order along with their representations. Writ petition stands disposed of in the above manner.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether petitioners are entitled to relaxation of upper age limit for promotional cadetship despite exceeding 45 years of age.
To whom should an application for condoning upper age limit be addressed under Government of Assam service rules.
1 provisions across 1 enactments
RAM KUMAR DEORI AND 6 ORS
THE STATE OF ASSAM
ACHINTYA MALLA BUJOR BARUA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
