LAWS(MEGH)-2015-2-3

ABDUL SAHID CHOUDHURY Vs. THE UNION OF INDIA AND ORS.

Decided On February 05, 2015
Abdul Sahid Choudhury Appellant
V/S
The Union of India and Ors. Respondents

JUDGEMENT

(1.) HEARD Mr. A.S. Siddiqui, learned counsel appearing for the petitioner and Mr. R. Debnath, learned CGC appearing for the respondents.

(2.) THE only prayer sought for in the present writ petition is for a direction to the respondents to consider the case of the petitioner for appointment on compassionate ground. The petitioner's father Shri. Abdul Nur Choudhury was serving as a Head Constable under respondent No. 2 and he died while he was in service on 29.03.2013 at NEPA Umsaw, Ri -Bhoi (Meghalaya) leaving behind the petitioner and his mother. It is nobody's dispute that the petitioner's mother is the legally married wife of the deceased, Shri. Abdul Nur Choudhury.

(3.) THE respondents filed affidavit -in -opposition wherein, the respondents are not denying that there is a scheme for compassionate appointment under which the case of the petitioner is to be considered for appointment in due course. However, in para 6 of the Affidavit -in -opposition, it is stated that at present there are 7 (seven) candidates applied for compassionate appointment, the present petitioner is in the 5th position in the seniority list of applicants for compassionate appointment. In para 11 of the affidavit -in -opposition, it is clearly stated that the application of the petitioner for appointment on compassionate ground is under consideration along with others and that he could be considered as and when vacancy is available.