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2019 DIGILAW 1087 (GAU)

Haidar Hussain Mazumdar v. State of Assam

2019-09-20

N.KOTISWAR SINGH

body2019
JUDGMENT : N. Kotiswar Singh, J. Heard Ms. S.B. Choudhury, learned counsel for the petitioner. Also heard Mr. S.R. Baruah, learned Government Advocate, Assam and Ms. D. Sinha, learned Standing Counsel, Elementary Education Department for the respondents. 2. The claim of the petitioner is for appointment under the die-in-harness scheme. Though considered by the DLC and the SLC, the respondent authorities ultimately rejected the same in its meeting held on 20.7.2017 on the ground that the petitioner had submitted the application lately as he had applied more than one year after the death of the government servant. 3. Learned counsel for the petitioner submits that this aspect of the matter is not correct contending that the petitioner's father died on 18.3.2010 and the petitioner submitted his application for compassionate appointment on 15.6.2010, as is evident from the documents at Annexure-A and D respectively to the writ petition. Learned counsel for the petitioner submits that on earlier occasions the DLC and SLC had considered the petitioner's application which, however, was not entertained either by deferring the claim or on the ground that there was no vacancy. However, in the last meeting of the SLC held on 20.7.2017, it was ultimately rejected on the ground that the petitioner had filed his application belatedly, which is not borne by record. 4. Learned counsel for the State, however, prays for some time to take instructions. 5. However, considering the nature of the case, it may not be necessary to do so, for the reason that this aspect as to whether the petitioner belatedly filed the application can be reconsidered by the SLC in the light of the documents so relied upon by the petitioner, as referred to above. 6. Accordingly, this petition is disposed of with the direction to the respondent authorities to place the case of the petitioner before the SLC for reconsideration by taking into consideration the date of death of the petitioner's father and the application submitted by the petitioner on 15.6.200, copy of which is at Annexure-D to the writ petition. The case of the petitioner shall be placed before the next SLC and the petitioner be intimated the result thereof by issuing a speaking order in this regard.