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2018 DIGILAW 603 (GAU)

Eyarana Begum D/o Lt. Syed Ayub Ali v. State of Assam

2018-04-06

L.S JAMIR

body2018
JUDGMENT : L.S. Jamir, J. The petitioner's father Late Ayub Ali while working as Driver in the office of the Assistant Executive Engineer, Hajo Sub-Division of Kamrup (Rural) District died in harness on 02.11.2010 leaving behind three dependants including the present petitioner. As the petitioner's late father was the only bread earner in the family, the petitioner made an application on 01.12.2010 praying for appointment on compassionate ground against a Grade-IV vacancy. Thereafter, the District Level Committee (DLC) held its meeting on 01.03.2016 and rejected the case of the petitioner on the ground that the specified period of two years has already been lapsed in pursuance of the Government's notification conveyed vide letter dated 20.12.2012 and office order dated 07.03.2015 Being aggrieved, the petitioner is before this Court. 2. On consideration of the materials available on records, this Court is of the considered opinion that the rejection of the petitioner by the DLC in its meeting held on 01.03.2016 was made on a wrong perspective inasmuch as the petitioner had applied for compassionate appointment well within the time i.e. 01.12.2010 3. The State respondents have filed counter affidavit and in the enclosures appended to Annexure-B to the counter affidavit which indicates the statements showing the details of the application for appointment under compassionate ground in different offices under the Kamrup Metropolitan District, Guwahati, the name of the petitioner is shown at Column-5 and her application is indicated to have been submitted within one year. 4. In that view of the matter, this Court is of the considered opinion that the DLC while considering the case of the petitioner had not applied its mind. 5. Mr. M.R Adhikari, learned Additional Senior Government Advocate fairly submits that the matter may be re-examined by the DLC. 6. In that view of the matter and as consented to by the parties, this writ petition is disposed of with a direction to the DLC to reconsider the case of the petitioner in accordance with law in its next immediate sitting. The minutes of the DLC held on 01.03.2016 is set aside and quashed in so far as the petitioner is concerned. 7. With the above observations and directions, the writ petition is disposed of.