BATCHAN W. MOMIN Vs. THE STATE OF MEGHALAYA

JUDGEMENT

(1.) HEARD Mr. AH Hazarika, learned counsel for the petitioner and Mr. KP Bhattacharjee, learned GA appearing for the respondents.

(2.) THE prayer sought for in the present writ petition is for a direction to the respondents to consider the petitioner for appointment to any Grade -III or Grade -IV post on compassionate ground under the Office Memorandum i.e. die -in -harness scheme being No. PER(AR)154/78/147, dated Shillong, the 11th December, 1984. Copy of the said Office Memorandum dated 11.12.1984 is available at Annexure -VII to the writ petition and it reads as follows: -

(3.) THE respondent No. 2 in his affidavit -in -opposition stated that the case of the petitioner for appointment on compassionate ground under the said scheme had already been rejected as the petitioner's brother Shri. Shri. Hamshan Watre Momin had already been appointed as Armed Constable in the year 2008. For the sake of repetition, it is reiterated that the petitioner's father died only on 20.05.2010. It appears from the above factual matrix spelled out in the writ petition, rejoinder affidavit, affidavit -in -opposition filed by the respondent No. 2 and also additional affidavit filed by the petitioner that the petitioner's brother Shri. Hamshan Watre Momin had already been appointed as Armed Constable in the year 2008 and he did not extend any financial assistance towards the maintenance of the family of the petitioner. After the death of the petitioner's father, the petitioner is required to support the family of the deceased i.e. petitioner's father which consists of: -