DERAJ TALUKDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. UK Das, learned counsel for the petitioner, Mr. P Nayak, learned counsel for the respondent No.4 being the authorities in the Finance Department of the Government of Assam, Mr. SR Barua, learned counsel for the respondents No.1, 2 and 6 being the Chief Secretary to the Government of Assam, the Commissioner and Secretary to the Government of Assam, Personnel (B) Department and the Deputy Commissioner, Nalbari as well as Mr. B Kaushik, learned counsel for the respondents No. 3 and 5 being the authorities in the Elementary Education Department of the Government of Assam.

(2.) Two persons namely Sri Deraj Talukdar and Smti Mithu Devi have approached this Court by filing this common writ petition raising a grievance that their respective predecessors-in-interest had died in extremist violence and therefore they are entitled to an appointment in a Government job under the Assam Public Service (Appointment of Family Members of Persons Killed by Extremists/Terrorists) Rules, 1992 (hereinafter referred as Rules of 1992). The respective legal rights to be appointed under the Rules of 1992 would be individual rights depending upon the individual facts and circumstance and therefore, prima-facie, we are unable to accept a joint petition by two separate claimants for such appointment. We have noticed that in this writ petition, the affidavit has been sworn by the petitioner Sri Deraj Talukdar. Accordingly, we entertain this writ petition on behalf of the petitioner Sri Deraj Talukdar and dismiss the petition on behalf of the other petitioner Smti Mithu Devi by giving liberty to approach again, if so advised.

(3.) The petitioner claims that his brother Sultan Talukdar was shot dead by extremists at a place called Gopal Than near the Gopal Than High School in the Nalbari district on 7.9.1999 at about 9.30 a.m. In connection with the same incident, Nalbari PS Case No.233/99 u/s 302 IPC was registered. It is also stated that after the death of Sultan Talukdar, an amount of Rs. 1,00,000/- was granted by the Government of Assam to the father of Sultan Talukdar as ex-gratia as per letter No.RR.37/2003/28 dated 27.09.2004.