PARAMESWAR BASUMATARY Vs. STATE OF ASSAM AND 5 ORS
LAWS(GAU)-2018-9-100
HIGH COURT OF GAUHATI
Decided on September 21,2018

Parameswar Basumatary Appellant
VERSUS
State Of Assam And 5 Ors Respondents

JUDGEMENT

Nelson Sailo, J. - (1.) Heard Ms. P. Baruah. Bordoloi, the learned counsel for the petitioner and Mr. N. Goswami, the learned State Counsel appears for the respondent Nos. 1, 5 and 6. Mr. N. Upadhaya, the learned counsel appears for the respondent Nos. 2, 3 and 4.
(2.) The case pertains to non-consideration of the petitioner's application for compassionate appointment on account of death of his father on 08.11.2013 while rendering his service as PPO under the establishment of the respondent No.4. Ms. P. Baruah Bordoloi also submits that although the application submitted by the petitioner was considered by the District Level Committee (DLC) on 23.05.2014 and 24.04.2015, the committee decided to consider his case in the next DLC meeting, as the vacancy position did not permit his recommendation. Subsequently, the DLC which met on 24.06.2016 came to the conclusion that there was no vacancy and moreover, 2 years had gone by since the submission of the application and therefore, the application of the petitioner was considered to have spent its force. The learned counsel for the petitioner further submits that the State respondents vide Office Memorandum dated 01.06.2015 (Annexure-12) clearly laid down the guidelines which are to be followed for appointment on compassionate basis. She submits that the Paragraph15 of the office memorandum provides that if sufficient vacancies are not available in a particular office to accommodate the applicant for compassionate appointment, it is open to the Administrative Department to take up the matter with the other Department to provide an early appointment on compassionate basis to those who are in the waiting list. She, therefore, submits that the respondents could have easily considered the petitioner's application in terms of the Office Memorandum by not rejecting her application in the manner was done.
(3.) The learned counsel Ms. P. Baruah. Bordoloi also submits that a Co-ordinate Bench of this Court vide judgment and order dated 28.03.2018 passed in WP(C) 1454/2017 has directed the DLC concerned to consider the case of the petitioner against any other vacant post available in other establishment in terms of the Office Memorandum dated 01.06.2015. Therefore, the DLC may be likewise directed to consider the case of the petitioner against any other available vacancy in other establishments.;


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