WP(C) 3969/2012. Gauhati High Court
| Case Number | WP(C) 3969/2012 |
| Judgement Date | May 19, 2019 |
| Court | Gauhati High Court |
I N THE GAUHATI HI GH COURT
THE HI GH COURT OF ASSAM : NAGALAND : MI ZORAM & ARUNACHAL PRADESH)
WP( C) NO. 3969 OF 2012
Bazlul Basid
Sp/ o. Late Fazlur Rahman Vill- Agmandia, P.O. Mandia P.S. Baghbar
Dist- Barpeta, Assam
........... Pet it ion er
- VERSUS -
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The State of Assam
Represented through the Secretary and Commissioner to the Govt. of Assam, Department of Home,
Dispur, Ghy-8
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The Director General of Police, Assam
Police Headquarter, Ulubari, Ghy-7
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The Deputy I nspector General of Police (MPC), Assam Police Headquarter Ulubari, Ghy-7
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The Superintendent of Police, Barpeta
Dist-Barpeta, Assam
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The Deputy Commissioner, Barpeta
Dist-Barpeta, Assam
..……. Respon den t s
BEFORE
HON’BLE MR. JUSTI CE NELSON SAI LO
Advocate for the Petitioner :- Mr. B Pathak, Advocate Advocate for the Respondents :- Ms. D D Barman
Addl. Sr. Govt. Advocate
Date of Hearing & Judgment :- 19.05.2017
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JUDGMENT & ORDER ( ORAL)
Heard Mr. B Pathak, the learned counsel for the writ petitioner as well as Ms. D D Barman, the learned Additional Senior Government advocate for all the respondents.
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The case of the writ petitioner is that his father died-in-harness on
01.07.2005 while he was working as U.B. Constable under the Superintendent of Police of Barpeta District. On his death, the deceased Government servant left behind his wife and two sons including the petitioner as well as two daughters. Since, the Late Government servant was the only bread earner of the family, the family of the deceased faced great financial hardship. The petitioner, therefore, submitted an application for compassionate appointment under the scheme formulated by the State vide Office Memorandum dated 09.09.1983 (Annexure-H). The application submitted by the petitioner on 02.03.2006 (Annexure-I ) was forwarded by the Superintendent of Police, Barpeta District to the Deputy I nspector General of Police (MPC) on 06.07.2006 (Annexure-J).
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I t may be noticed that the Superintendent of Police of Barpeta District in
forwarding the application of the petitioner alongwith two other applicants under his covering letter vide Memo No. E/ 176/ 06/ 1049 also mentioned that the prescribed statements I & I I were also enclosed for taking necessary action. Although, the petitioner was expecting to be appointed on compassionate basis, the respondent authorities did not consider his application for a long time and ultimately, the petitioner submitted his representations to the Superintendent of Police, Barpeta District on
04.02.2009, 02.02.2010 and 07.07.2011. Subsequently, the petitioner filed an application under the RTI and from which he came to learn that his application for
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compassionate appointment had been rejected by the District...
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