Documentary Evidence Of Age Required To Be Assessed Before Directing Ossification Test: Calcutta HC
The Calcutta High Court observed that the documentary evidence of age relied upon by the party is required to be assessed before directing the ossification test.
The Court was hearing an appeal against a Single Judge order that allowed the Writ Petition and held that there was no impediment in granting appointment to the Writ Petitioner on compassionate grounds.
The bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi observed, “Such documentary evidence of age was required to be assessed prior to directing the ossification test to be undertaken.”
Advocate Manik Das appeared for the Appellant and Advocate Tarapada Das appeared for the Respondent.
The Appellant submitted that he was denied a reasonable opportunity to contest the Writ Petition and was not allowed to file an affidavit contesting the merits of the Writ Petition. Rather, a report was called from the Appellant, by the Single Judge limited to the requirement of pre-employment medical examination. He submitted that an opportunity should be granted to the Appellant to contest the Writ Petition on merits.
The Court found that the Writ Petitioner applied for compassionate appointment on the ground of his deceased father dying in harness while working as an employee of Eastern Coalfields Limited and such application was rejected by the authorities on the ground that the Writ Petitioner was over-aged as on the date of application for compassionate appointment.
The Appellant contested the age of the Writ Petitioner. The Writ Petition relied on the Writ Petitioner’s educational qualification documents to establish age. However, the Court noted that the Single Judge denied the appellant the opportunity to use an affidavit addressing these documents.
The Court noted that there is no finding by the Single Judge that the documents relied on in support of the age of the Writ Petitioner, were unreliable or that such documents did not speak about the age of the Writ Petitioner.
Moreover, according to the Court, no opportunity was afforded to the Appellant to deal with such documents.
Accordingly, the Court set aside the impugned order and remanded the Writ Petition for fresh adjudication on merits.
Cause Title: Eastern Coalfields Limited v. Rabindra Das & ors.
Appearance:
Appellant: Adv. Manik Das
Respondent: Adv. Tarapada Das and Adv. Chandan Dutta