NILIMA ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.K. Ghosh, learned counsel for the petitioner. Also heard Ms. M.D. Bora, learned counsel for the respondents.

(2.) The husband of the petitioner who was working in the Animal Husbandry and Veterinary Department, Dhubri died in harness on 02.04.2012. On his death, the petitioner submitted an application for compassionate appointment on 18.10.2012. The said application was placed before the DLC Dhubri and was given consideration in its meeting held on 18.10.2012. From the copy of the minutes of the DLC annexed as Annexure-1 to the affidavit in opposition of the respondent the consideration of the application of the petitioner is as follows:-

(3.) From the minutes of the meeting of the DLC, it is apparent that 2 posts existed for the year 2011-12 for Grade-III and the petitioner was recommended against the vacant post of Grade-III for the year 2011-12. When the recommendation of the DLC was placed before the SLC, her claim was rejected by incorporating her name at serial No.12 of the list of rejected candidates. All the candidates whose claim for compassionate appointment were rejected, the ground stated was non availability of vacancy as per roster register. When the DLC in its meeting of 18.10.2012 had clearly stated that there were two vacancies for Grade-III for the year 2011-12 and the petitioner had been recommended against one such vacancy, we are unable to understand how the SLC arrived at its conclusion in the absence of any explanation that no vacancies were available for the petitioner as per the roster register.