RAFWT KHUGUR BRAHMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.K. Talukdar, learned counsel for the petitioner. Also heard Mr. D. Nath, learned Additional Senior Government Advocate for the respondents no. 1 and 2 and Mr. S. Bora, learned counsel for the respondent no. 3.

(2.) The father of the petitioner who was working in the Public Health Engineering Department, Government of Assam died in harness on 28.01.2015. On his demise, the petitioner submitted an application for compassionate appointment. The DLC of Kokrajhar district while considering the said application of the petitioner made a recommendation for appointment as Junior Assistant/LDA in a given circumstance where out of cadre strength of 10 (ten), 1 (one) vacancy was found available for compassionate appointment for the year 2015/2016. Accordingly, recommendation was made and a request was made to the Member Secretary to submit a proposal to parent department i.e. PHED for doing the needful.

(3.) Be that as it may, although the recommendation of DLC was dated 20.08.2016, the same was placed before SLC in its meeting of 14.05.2020. The SLC rejected the recommendation made in favour of the petitioner with an observation that "does not fall under 5% cadre strength".