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2020 DIGILAW 782 (GAU)

Amit Rabha v. State of Assam

2020-11-24

ACHINTYA MALLA BUJOR BARUA

body2020
JUDGMENT : 1. Heard Ms. P. Bora, learned counsel for the petitioner. Also heard Mr. B. Deuri, learned counsel for the DLC of Kamrup (M) as well as the SLC and Mr. K. Gogoi, learned counsel under the Higher Education (Technical) Department of Government of Assam. 2. The father of the petitioner, Tapan Chandra Rabha who served as a Jamadar in the office of the Director of Technical Education Assam died in harness on 21.12.2013. On his death, the petitioner submitted an application for compassionate appointment on 9.2.2014. Apparently, the said application was within the period of three months from the death of the deceased and if not, at least within the period of one year from the death of the deceased. 3. Mr. B. Deuri, learned counsel for the DLC & SLC of Kamrup (M), refers to the O.M. dated 20th December, 2012 which provides that the time period for submitting application for compassionate application had been extended upto to one year and thereafter, in the year 2013 when the father of the petitioner had died in harness, the requirement of law was that the application has to be filed within the period of one year and the petitioner has infact filed the same within the period of one year. 4. The DLC of Kamrup (M) had recommended the petitioner for an appointment to a Grade IV post but when the same was placed before the SLC in its meeting held on 25.7.2017, the claim of the petitioner stood rejected by stating reason of late submission of application. As already concluded the petitioner has submitted his application within the required period of time and, therefore, any conclusion arrived at by the SLC to reject the application of petitioner on the ground of late submission of application appears to be incorrect, arbitrary and contrary to the facts of the case. 5. From the said point of view, the rejection of the claim of the petitioner for compassionate appointment by the SLC of 25.7.2017 stands set aside and the matter is remanded back to be placed again before the next available SLC for its fresh consideration. 6. Writ petition stands allowed as indicated above.