NILIMA BEGUM W/O LT SAMSUL HAQUE Vs. STATE OF ASSAM AND ORS
LAWS(GAU)-2018-2-194
HIGH COURT OF GAUHATI
Decided on February 01,2018

Nilima Begum W/O Lt Samsul Haque Appellant
VERSUS
STATE OF ASSAM AND ORS Respondents

JUDGEMENT

Hrishikesh Roy, J. - (1.) Heard Mr. J.I. Borbhuiya, the learned Counsel appearing for the petitioner. The learned Standing Counsel for the Health Department Ms. D. Bora appears for the respondent Nos.1, 2 & 4. Mr. N. Goswami, the learned Government Advocate, represents the respondent No.3.
(2.) The petitioner's husband Md. Samsul Haque died-in-harness on 4.5.2009 while serving as LDA in the establishment of the Addl. Chief Medical Health Officer (F.W), Nalbari. The eligible widow of the deceased then applied for compassionate appointment on 22.5.2009 (Annexure-2). Her claim was considered by the District Level Committee (DLC), Nalbari. But the DLC in their deliberations made on 3.12.2009 (Annexure-6) noted that compassionate appointment is limited to 5% quota of the vacancies and only two posts are available. On this basis the claim of the petitioner was negated by the DLC.
(3.) Assailing the rejection of the claim by the DLC., the learned Counsel Mr. J.I. Borbhuiya submits that in 2013, 28 Grade-IV posts were available under the joint Director of Health Services and on this basis the negative decision of the DLC, is questioned by the Counsel.;


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