BURHAN UDDIN BARBHYUIYA Vs. STATE OF ASSAM AND 3 ORS
HIGH COURT OF GAUHATI
Burhan Uddin Barbhyuiya
State Of Assam And 3 Ors
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Nelson Sailo, J. -
(1.) Heard Mr. M.J. Quadir, the learned counsel for the petitioner. Also heard Mr. R.R. Gogoi, the learned counsel who appears on behalf of Mr. P.N. Goswami, the learned Standing Counsel, PHE Department, for the respondent Nos. 2 & 3. Mr. N. Goswami, the learned Government Advocate, appears for the respondent Nos. 1 and 4.
(2.) Although the learned Standing Counsel for the PHE Department was asked to produce the relevant records of the case and for which, time was given, Mr. R.R. Gogoi, the learned counsel however, submits that the Department is yet to trace out the relevant records. Having regard to the nature of grievance projected by the writ petitioner, there appears to be no impediment in disposing of the writ petition even without production of the relevant records.
(3.) The facts of the case may be narrated at the outset. The petitioner's father died in harness on 04.06.2006 while he was working as a Pump Operator in the establishment of the Executive Engineer, Public Health Engineering (PHE) Department in Hailakandi. The petitioner being the eldest son of the deceased employee submitted an application for compassionate appointment before the Executive Engineer concerned on 01.08.2006. The application of the petitioner was pending for quite sometime till it was finally considered by the District Level Committee (DLC) which held its meeting on 30.11.2012. Upon considering the case of the petitioner, the DLC rejected his application on the ground that it was belated case and therefore, the application had already spent its force besides there being lack of vacancy.;
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