KAMALESWAR ROY Vs. STATE OF ASSAM AND 4 ORS
LAWS(GAU)-2018-9-66
HIGH COURT OF GAUHATI
Decided on September 07,2018

Kamaleswar Roy Appellant
VERSUS
State Of Assam And 4 Ors Respondents

JUDGEMENT

Nelson Sailo, J. - (1.) Heard Mr. HR Ahmed, the learned counsel for the writ petitioner and Mr. MR Adhikari, the learned State counsel appearing for all the respondents.
(2.) The facts of the case as projected by the writ petitioner may be narrated at the outset. The father of the petitioner was serving as Gram Sevak under the administrative jurisdiction of the respondent No. 5 at Debottar Hasda in the district of Dhubri. However, while working as such, he expired on 16.01.2010. Thereafter, the petitioner submitted a representation before the Agriculture Inspector at Dhubri on 08.03.2010 seeking compassionate appointment against any Grade-IV post. The case of the petitioner was placed before the District Level Committee (DLC) at Dhubri for consideration. The DLC consequently held its meeting on 17.08.2011 and the petitioner was recommended for appointment on compassionate ground against an existing vacant post of Grade-IV in the establishment of the respondent No.5.
(3.) Thereafter, the recommendation of the DLC was forwarded by the respondent No.5 to the respondent No-3 on 14.10.2011 by placing the same before the State Level Committee (SLC). However, as no decision was taken by the SLC on the recommendation made by the DLC , the petitioner being aggrieved, approached this Court by filing WP (C) 2629 of 2015. Against the writ petition, the State respondents filed their affidavit-inopposition on 15.10.2015 whereby, the minutes of the SLC meeting held on 15.02.2014 was annexed. According to the respondents, the SLC could not recommend the petitioner for compassionate appointment for want of vacancy. To challenge the decision of the SLC, the petitioner has initiated the present writ petition for the second time.;


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