Kolkata: Calcutta High Court on Thursday directed reinstatement of a ‘safai karamchari' in a hospital, who got the job on compassionate ground five years after his father's death, observing "minor age difference" when providing appointment for sanitation worker's post will not cause much harm to the authorities than the sufferings faced by the man, who lost the job he got on compassionate ground.
Justice Amrita Sinha held that if the man as per the ossification test order by HC was 35 years in 2024 when the test was ordered then he was certainly under 35 in 2021 when the compassionate appointment on a provisional basis was provided to him.
Goutam Hari's father died on duty as a sanitation worker in Kalla Central Hospital on Jan 14, 2021. Goutam, at the time of application for compassionate appointment, gave his age as 33 years. He was appointed on Jan 15, 2021, after protest by the union, which pressured the authorities to give him the job.
Initial medical examination of Goutam was conducted on May 25, 2021, and his age was shown to be between 33 to 38 years. As per the National Coal Wages Agreement- VI (NCWA), which is prevailing at present, the upper age limit for appointment is 35 years. He was declared medically unfit for employment due to overage and low vision. The provisional employment was terminated on July 10, 2021
During the litigation, HC had directed an age assessment from a board of SSKM Hospital by ossification test, which stated that his age was between 30-40 years. The mean age was said to be 35 years, which is within the age limit stated by the NCWA.