LAWS(GAU)-2001-1-16

DILIP BARUAH Vs. STATE OF ASSAM

Decided On January 04, 2001
DILIPBARUAH Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India praying for a direction to the respondents to consider the case of the petitioner to the post of Surveillance Worker in the establishment of respondent No. 4. The only ground for seeking such appointment in this writ petition is that the petitioner is a handicapped person.

(2.) The case of the petitioner is that he is a handicapped person and he has been suffering from traumatic paralysis of the left hand and as such he is a handicapped person. His percentage of disablement is 60% as evident from the certificate issued by the Jt. Director of Health Services, Sonitpur at Tezpur mentioned in Annexure-A to the writ petition. Being situated, with the said disablement, the petitioner has approached the respondents for his appointment in any Grade III or Grade IV post particularly, as Surveillance worker and the District Malaria Officer, Sonitpur at Tezpur vide his communication dated 26.2.88 appointed the petitioner as Surveillance worker in his establishment for a period of 30 days. The services of the petitioner was extended after the initial period of one month for another 15 days. Till the year 1996 the services of the petitioner was availed by the department by providing extension time and again. A summary of the petitioner's orders of appointments and extensions are quoted below: <FRM>JUDGEMENT_223_GAULT1_2001Html1.htm</FRM> Accordingly he has worked till 25.4.96 and thereafter, the petitioner was not allowed to continue in the said capacity.

(3.) Tie petitioner approached the authority by filing various representations but those are not responded by the respondents authority. Hence, this writ petition.