MADHUMITA BHATTACHARJEE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Dhar, learned counsel for the petitioner. Also heard Ms. M.D. Bora, learned Government Advocate appearing for the respondents.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioner is seeking a direction upon the respondent authorities to appoint the petitioner on compassionate ground and the petitioner is also seeking quashing of the minutes dtd. 3/10/2019 (Annexure-13), thereby rejecting the candidature of the petitioner for appointment on compassionate ground as the application has spent its force.

(3.) The case of the petitioner is that her husband, while working as an Operator (Grade-III) in the office of respondent no.7 had died-in-harness on 14/4/2011. Thereafter, on 13/6/2011, the petitioner had submitted her application for appointment on compassionate ground. The case of the petitioner was put up in the meeting of the District Level Committee for compassionate appointment, Hailakandi (DLC for short) held on 9/12/2011. However, as the case could not be considered for want of vacancy position, vide minutes dtd. 9/12/2011, the respondent no. 7 was directed to furnish the particulars of the petitioner along with vacancy position of Grade-IV in the next meeting. Thereafter, vide resolution no. 18 of minutes of DLC meeting dtd. 3/4/2017, while recording in the minutes that only 2 numbers of Grade-IV posts exists in the establishment of respondent no. 5 but no vacancy existed, but recommended the name of the petitioner for appointment on compassionate ground subject to the availability of vacancy criteria of Grade-IV under respondent no. 3, if otherwise eligible subject to condonation of her age on the strength of the vacancies maintained by the said Directorate. The case of the petitioner was again placed in the meeting of the DLC held on 20/3/2018 and vide resolution no. 3 of minutes dtd. 20/3/2018, the DLC declined to make any further recommendation as the petitioner was already recommended by DLC held on 3/4/2017, subject to availability of vacancy criteria of Grade-IV under respondent no.3 and subject to condonation of age. As despite representations submitted by the petitioner, she was not appointed, she had approached this Court by filing W.P.(C) 5685/2017 and this Court by order dtd. 4/11/2019 disposed of the writ petition by directing the Secretary to the Government of Assam, Information and Public Relation and the respondent no. 3 herein to furnish the vacancy position of Grade-IV posts under respondent no. 4 as well as respondent no. 5 herein on or before 7/12/2019 and also to intimate the same to the petitioner and it was also directed that thereafter the case of the petitioner shall be taken up by the DLC in its next meeting for being considered for compassionate appointment in accordance with law if in the meanwhile the DLC had not considered her case after its meeting held on 29/12/2011. The respondent no. 3 provided the requisite RTI information to the petitioner's advocate vide letter dtd. 28/2/2020, disclosing details of 5 (five) recommendations made by the SLC during the period from 1/10/2019 to 31/12/2019 for appointment on compassionate ground in the establishment of respondent no. 3. The case of the petitioner was also taken up in SLC meeting held on 3/10/2019(Annexure-13), but as indicated herein before, the candidature of the petitioner for appointment on compassionate ground was rejected as the application has spent its force.