WP(C) 4046/2009. Gauhati High Court
| Case Number | WP(C) 4046/2009 |
| Judgement Date | October 26, 2020 |
| Court | Gauhati High Court |
I N THE GAUHATI HI GH COURT
(THE HI GH COURT OF ASSAM : NAGALAND : MI ZORAM & ARUNACHAL PRADESH)
WP( C) 4046/ 2009
Sathil Deka
……..Pet it ion er
- VERSUS -
The State of Assam & Ors.,
……… Respondents
BEFORE
HON’BLE MR. JUSTI CE ACHI NTYA MALLA BUJOR BARUA
Advocate for the petitioner :- Mr. A.J. Atia
Advocate for the Water Resource Department:- Ms. S. Chutia
Advocate for the state respondent:- Mr. T.C. Chutia
Date of Hearing & Judgment : 26.10.2017
JUDGMENT & ORDER ( ORAL)
Heard Mr. A.J. Atia, learned counsel for the petitioner. Also heard Ms. S. Chutia, learned standing counsel for the Water Resource Department as well as Mr. T.C. Chutia, learned Addl. Senior Govt. Advocate.
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The father of the petitioner earlier served as Khalasi in the Mangaldai Water
Resource Division. Although he was scheduled to have superannuated on 15.03.2000, but because of his invalidity, he was prematurely retired from service and he was given an invalid pension w.e.f. 08.12.1999.
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The present petitioner being his son had submitted an application for
compassionate appointment, admittedly within the stipulated time. The case of the petitioner was initially placed before the District Level Committee (DLC) Darrang in its meeting held on 19.05.2007 and as per the minutes of the said meeting, a recommendation was made in his favour for a compassionate appointment. But subsequently, the State Level Committee (SLC) had rejected the case of the petitioner on the ground that only 5% vacancies are available for compassionate appointment and further the application of the petitioner was more than two years old. I t is noticed from the recommendation of the DLC dated 19.05.2017 that along with the petitioner, some other persons, namely, Shri Biplab Kr. Sarma, Shri Mintu Das, Shri Ashim Kalita and Shri Golap Deka were also considered and recommended. However, after the rejection of the SLC, the respondent authorities have given appointment to some of the aforesaid persons, who were initially recommended by the DLC, but subsequently, rejected by the SLC, meaning thereby, that out of the four persons, Sri Biplab Kr. Sarma, Sri Ashim Kalita were given appointment.
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When the respondent authorities were asked about justification of giving
compassionate appointment to the aforesaid two such persons, it has been stated that the said two persons were given appointment as per the recommendation of the DLC in its meeting held on 12.06.2008, which indicates that the DLC had...
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