BAHAR UDDIN LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Being aggrieved by the order dtd. 8/12/2021 passed by the learned Single Judge dismissing the writ petition being W.P(C)/4987/2021, the present appeal has been filed by the appellant.

(2.) The appellant's father, who was working as a Pump Operator in the office of the respondent no.6 i.e. Assistant Executive Engineer, Public Health Engineering Department, Lakhipur Sub-division, Pailapool, Lakhipur, Cachar died in harness on 20/5/2015. The petitioner filed application for compassionate appointment on 13/7/2015. The said application was not considered by the District Level Committee (DLC), Cachar and by its meeting held on 19/7/2019, the application was rejected on the ground that there were no vacancies available to accommodate the petitioner.

(3.) The learned counsel for the petitioner submits that in terms of the Office Memorandum dtd. 1/6/2015 issued by the Government of Assam, Department of Personnel, as per Clause-15 of the said memorandum, if sufficient vacancies are not available in any particular office to accommodate the persons in the waiting list for compassionate appointment, it was open to the administrative Department/Office to take up the matter with other Departments of the Government to provide at an early appointment on compassionate grounds. The learned counsel for the petitioner has pressed into service the Judgment of the Apex Court rendered in N. C. Santhosh Vs State of Karnataka and others reported in (2020) 7 SCC 617 to submit that the law governing compassionate appointment on the date of the consideration of the application shall be the basis for consideration of the application.