LAWS(GAU)-2021-11-19

PAPARI BARMAN Vs. STATE OF ASSAM

Decided On November 22, 2021
Papari Barman Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. M. Saikia, learned counsel for the petitioner, who submits that the petitioner's husband had been working as a casual employee in the P&RD Department for a long time till the time the petitioner was temporarily appointed, vide order dtd. 22/1/2019, as Grade-IV in the office of the ITI, Barpeta under the Skill, Employment and Entrepreneurship Department, Directorate of Employment and Craftsman Training, Assam. He submits that the said order dtd. 22/1/2019 has been made on the basis of the order dtd. 23/4/2015 passed by this Court in Bhupen Bhuyan and 105 Others vs. The State of Assam and Others in WP(C) 1424/2011 wherein the candidates, who are persons with disabilities had taken part in the selection process in terms of an Advertisement dtd. 9/6/2005. He submits that this Court in WP(C) 1424/2011 had directed that all those persons who took part in the selection process in pursuant to the Advertisement dtd. 09.06.2005 should be accommodated against identified posts in various departments.

(2.) The petitioner's counsel submits that soon after the petitioner's husband's temporary appointment vide order dtd. 22/1/2019 in the Skill, Employment and Entrepreneurship Department, the petitioner's husband expired on 3/7/2019 i.e. after 5 (five) months of his appointment. The petitioner's counsel submits that the petitioner is eligible to be given pension and pensionary benefits in terms of the new Contributory Pension Scheme.

(3.) Mr. B. Chakraborty, learned counsel appears for the respondent no.2 while Ms. A. Talukdar, learned counsel appears for the respondent no.1.