DIPUL ALI AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) All the three writ petitions have been filed by the same petitioner successively one after the other in connection with the consideration and appointment of the petitioner on compassionate ground. The question which has ultimately arisen for consideration in these writ petitions is whether an appointee on compassionate ground can have the liberty to choose a particular post. The basic facts of the present writ petitions can be culled down in the following manner:

(2.) The father of the petitioner, who was working in the Transport Department, as Assistant Enforcement Inspector, died in harness on 4/5/2015. The petitioner, accordingly, applied for appointment on compassionate ground as he had possessed the necessary qualifications. The District Level Committee, Barpeta (DLC), in its meeting held on 8/12/2015 duly considered the case of the petitioner which was forwarded by the District Transport Officer, Barpeta (DTO). After such consideration, the DLC recommended the name of the petitioner for appointment on compassionate ground in an existing vacancy in Grade-III by earmarking the post as Assistant Enforcement Inspector. Thereafter, the State Level Committee (hereinafter SLC) considered the recommendation of the DLC and approved the case of the petitioner for appointment in any Grade-III post. Accordingly, vide an order date 28/11/2017, the petitioner was appointed as an Enforcement Checker in the Scale of Pay (PB- 2) Rs.14,000.00 to Rs.49,000.00 + Grade Pay Rs.5,600.00 with other allowances.

(3.) Being aggrieved by the fact that the petitioner was not offered the post of Assistant Enforcement Inspector, and was appointed only as an Enforcement Checker, the petitioner had approached this Court by filing the first writ petition namely, WP (C) 4037/2018. This Court, while issuing notice, had observed that pendency of the writ petition shall not be a bar to appoint the petitioner as Assistant Enforcement Inspector.