JUNEDHAR DOWARAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. D. Das, learned Senior counsel, assisted by Mr. S. Khound, learned counsel for the petitioner and Mr. S. S. Roy, learned Government Advocate, Assam for the respondent Nos. 1, 2, 3, 7, 8 and 9. Also heard Mr. P. Nayak, learned Standing Counsel, Finance as well as PWD Department for the respondent Nos. 4, 6 & 10 and Mr. A. Thakur, learned Senior Government Advocate, Assam for the respondent No. 5.

(2.) The matter relates to compassionate appointment of the petitioner under the Die-in-Harness Scheme of the State. The petitioner's father, Chandidhar Dowarah, was a Grade-IV employee (Chowkidar) under the establishment of the Executive Engineer, PWD, Dhemaji Rural Road Division, Silapathar, who died in harness on 17.03.2011.

(3.) It is submitted by the petitioner that the petitioner's mother and his two elder brothers submitted an application on 25.04.2011 before the Executive Engineer, PWD, Silapathar Division for his appointment on compassionate ground in the vacant post of Grade-IV that fell vacant due to death of her husband/their father Chandidhar Dowarah. The petitioner on 27.04.2011 submitted an application before the Executive Engineer, PWD, Silapathar Division for his compassionate appointment in Grade-IV post. As it was not considered, the petitioner again on 28.12.2015 filed another application before the Executive Engineer, PWD, Silapathar Division for his compassionate appointment in Grade-IV post.