Calcutta High Court Directs Reinstatement of Sanitation Worker in Compassionate Appointment Dispute
In a significant ruling, the Calcutta High Court has ordered the reinstatement of a safai karamchari (sanitation worker) who was appointed on compassionate grounds after his father's death. The court observed that a minor age difference in such appointments causes less harm to authorities than the suffering endured by the individual who lost the job.
Background of the Case
The case involves Goutam Hari, whose father died while on duty as a sanitation worker at Kalla Central Hospital on January 14, 2021. Following his father's death, Goutam applied for a compassionate appointment, stating his age as 33 years at the time. After protests by the union, he was provisionally appointed on January 15, 2021.
Medical Examination and Termination
An initial medical examination conducted on May 25, 2021, estimated Goutam's age to be between 33 and 38 years. According to the National Coal Wages Agreement-VI (NCWA), which sets the current standards, the upper age limit for appointment is 35 years. Based on this, he was declared medically unfit due to being overage and having low vision, leading to the termination of his provisional employment on July 10, 2021.
Court's Intervention and Ossification Test
During the litigation, the High Court, presided over by Justice Amrita Sinha, directed an age assessment through an ossification test by a board at SSKM Hospital. The test results indicated that Goutam's age was between 30 and 40 years, with a mean age of 35 years. Justice Sinha noted that if Goutam was 35 years old in 2024 when the test was ordered, he would certainly have been under 35 in 2021 when the provisional appointment was made.
Court's Rationale and Ruling
The court emphasized that the minor age discrepancy should not outweigh the hardships faced by Goutam, who lost his job on compassionate grounds. It held that such a difference is less detrimental to the authorities compared to the suffering of the individual. Consequently, the High Court directed the reinstatement of Goutam Hari, ensuring justice in this compassionate appointment case.
This ruling underscores the importance of humane considerations in employment disputes, particularly in cases involving compassionate appointments following family tragedies.
