MUSTAFA KAMAL Vs. STATE OF ASSAM AND 5 ORS
LAWS(GAU)-2018-5-128
HIGH COURT OF GAUHATI
Decided on May 30,2018

Mustafa Kamal Appellant
VERSUS
State Of Assam And 5 Ors Respondents

JUDGEMENT

Michael Zothankhuma, J. - (1.) Heard Mr. A Ali, learned counsel for the petitioner. Also heard Mr. SB Bhattacharjee, learned counsel for the respondent No.1 and 2 and Mr.K Nayak, learned counsel for the respondent Nos. 5 an 6.
(2.) The petitioner's case in brief is that on the death of his father on 06.01.2016, while working in the Gauhati Commerce College, the petitioner submitted an application for compassionate appointment on 17.01.2006. Petitioner's application for compassionate appointment was rejected by the DLC on the ground that he had submitted his application beyond the time limit. The meeting minutes of the DLC held on 18.02.2015 states that the proposal of the petitioner could not be considered as the specified period of two years had already elapsed as provided by the Government letter No.ABP.92/2012/32 dated 20.12.2012. Petitioner's counsel submits that the petitioner is presently working in Gauhati Commerce College on temporary basis. He submits that the petitioner's case for compassionate appointment should be considered on merit or in the alternative, his service in the college as Grade-IV employee should be regularized.
(3.) Counsels for the respondents on the other hand submit that as the petitioner is working in a temporary capacity, the petitioner cannot have any legitimate claim for compassionate appointment. They also submit that regularization cannot be granted in view of the fact that the petitioner does not come within the purview of paragraph 53 of the Judgment of the Apex Court in the case of State of Karnataka vs- Uma Devi, 2006 4 SCC 1.;


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