ROMIZUL HOQUE KAZI Vs. STATE LEVEL COMMITTEE FOR SELECTION AND APPOINTMENT ON COMPASSIONATE GROUND
LAWS(GAU)-2018-5-226
HIGH COURT OF GAUHATI
Decided on May 11,2018

Romizul Hoque Kazi Appellant
VERSUS
State Level Committee For Selection And Appointment On Compassionate Ground Respondents

JUDGEMENT

Achintya Malla Bujor Barua, J. - (1.) Heard Mr. A. M. Barbhuiya, Learned Counsel For The Petitioner. Also Heard Mr. N. Sarma, Learned Standing Counsel For The Elementary Education Department As Well As Mr. K. Nayak, Learned Additional Senior Government Advocate Appearing For The Respondent Nos. 1 And 4.
(2.) The father of the petitioner who was working as an Assistant Teacher in the No. 209 Koroikandi Maktab L.P. School, Cachar, died in harness on 14.01.2013. On his death, the petitioner submitted an application for compassionate appointment on 05.01.2004. The said application ordinarily ought to have been placed before the concerned DLC immediately. But for laches on the part of the respondent authority, the same was not placed.
(3.) Thereafter, the petitioner approached this Court by way of WP(C) No. 534/2007 and by the order dated 07.02.2007 in the said writ petition; a direction was issued to do the needful as regards the claim for compassionate appointment of the petitioner. Although the said direction was issued in the year 2007, but the respondent authorities placed the claim of the petitioner before the concerned DLC in its meeting held on 09.06.2014. There is a delay of almost 10 years on the part of the respondent authorities in placing the application of the petitioner before concerned DLC and if any delay had occurred which may require non-consideration of the claim of the petitioner, the same is due to the fault of the respondent authorities and not because of the fault of the petitioner.;


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