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Gauhati High Court · body

2017 DIGILAW 1371 (GAU)

Chinmoy Thakuria v. State of Assam

2017-10-25

ACHINTYA MALLA BUJOR BARUA

body2017
JUDGMENT : 1. Heard Ms. K. Jain, learned counsel for the petitioner. Also heard Mr. T.C. Chutia, learned addl. senior Government advocate appearing for the respondent Nos. 4 and 5 as well as Ms. S. Chutia, learned counsel for the respondent Nos. 1,2 and 3. 2. The father of the petitioner late Babul Thakuria, who earlier served as a Grade-IV employee in the Inspection Bungalow Division of the Water Resource Department, died-in-hamess on 6.10.2010. The petitioner had made an application for compassionate appointment on 15.11.2010 by writing a letter to the concerned minister. The said letter of the petitioner was treated to be an application for compassionate appointment, which was placed before the District Level Committee (‘DLC’). 3. The DLC in its meeting held on 18.2.2015 had rejected the claim of the petitioner for compassionate appointment by stating the reason that the case of the petitioner could not be considered due to late submission of the application. As already noticed the father of the petitioner had died on 6.10.2010, whereas, the application for compassionate appointment was made on 15.11.2010. As the concerned Office Memorandum of the Govt, of Assam for compassionate appointment provides that the application should be made within a period of one year from the death of the concerned person, it is noticed that in the instant case, the application was not only made within a period of one year, but it was made immediately after one month of the death. Such a factual situation cannot justify the reason given by the DLC that the application of the petitioner was to be rejected on the ground of late submission of the application. 4. In such view of the matter, the said reasoning of the DLC meeting held on 18.2.2015 is found to be unacceptable. It is directed that the case of the petitioner shall be reconsidered by the DLC in its next meeting to be held for the purpose. However, it is also provided that as the initial application of the petitioner to the concerned minister was converted to an application for compassionate appointment, therefore, the petitioner shall also be at liberty to file an application in the appropriate format and submit before the concerned authority to be placed before the DLC. The DLC shall consider the case of the petitioner accordingly as per law. Writ petition is accordingly disposed of.