NAZRUL ISLAM Vs. THE STATE OF ASSAM
LAWS(GAU)-2018-3-146
HIGH COURT OF GAUHATI
Decided on March 28,2018

NAZRUL ISLAM Appellant
VERSUS
The State Of Assam Respondents

JUDGEMENT

L.S.JAMIR,J. - (1.) The petitioner's father late Saha Hussain Mia while serving as Grade-IV (Khalasi) in the Water Resource Division, Silchar died in harness on 19.01.2010. The petitioner thereafter made an application on 09.04.2010 for appointment on compassionate grounds before the respondent No. 4. The DLC which held its meeting on 31.07.2012 recommended the case of the petitioner for compassionate appointment. In the said minutes, the DLC had calculated that 5 % of posts to be reserved for compassionate appointment out of 69 posts would be 3 posts. Thereafter, the SLC held its meeting on 11.05.2015 and rejected the case of the petitioner on the ground that there was only one vacancy of Grade-IV post. The SLC therefore recommended only one person as Grade-IV (Khalasi) and not the petitioner. Being aggrieved with the rejection by the SLC, the petitioner approached this Court by way of WP(C) 5846/2016 which was disposed of by order dated 28.09.2016 observing that the SLC has committed mistake in coming to the conclusion that there was only one vacant post available for filling up on compassionate appointment and that the DLC had categorically stated that there were 69 vacancies and accordingly 5 % of the total 69 vacancies comes to 3 vacancies for filling up a compassionate basis. Accordingly, the rejection of the petitioner's application by the SLC was set aside and the petitioner's case was sent back to the SLC for consideration in its next meeting as these are two other vacancies to be filled up for compassionate appointment.
(2.) Pursuant to the order dated 28.09.2016 passed by this Court in WP(C) 5846/2016, the SLC considered the case of the petition in its meeting held on 02.06.2017. In the said meeting the case of the petitioner was again not recommended on the ground that the case has lost its compassionate ground condition as more than 7 (seven) years has lapsed after the death. Being aggrieved, the petitioner is before this Court by way of the present writ petition.
(3.) Heard Mr. L.R. Mazumdar, learned counsel for the petitioner and Mr. N. Goswami, the learned Government Advocate for the respondents.;


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