RAJU PATOWARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant as the writ petitioner approached this Court by filing WP(C) No. 1636/2017 challenging the inaction of the respondent authorities in respect of his application dtd. 27/10/2016 seeking compassionate appointment. The writ petition was dismissed and being aggrieved the present writ appeal has been filed.

(2.) From the pleadings on record, it is seen that the appellant's Late father was employed as 'Gram Sevak' under Chamaria Development Block under the Department of Panchayat and Rural Development, Government of Assam. The father of the appellant, namely, late Kumud Patowary died-in-harness on 27/9/2011. Pursuant to the death of his father, the appellant filed his application dtd. 25/11/2011 seeking compassionate appointment. His application was forwarded to the District Level Committee which was constituted by the Government of Assam for consideration of cases for compassionate appointment. In its meeting held on 27/3/2012 the District Level Committee rejected his case on the ground of want of vacancies. In the minutes of the District Level Committee meeting held on 27/3/2012 it was reflected therein that his case would be considered again as and when the vacancy arises. Thereafter, his case was again considered by another District Level Committee and in its meeting held on 28/9/2012, his candidature was rejected on the ground that he was under qualified for the post of 'Gram Sevak'. Pursuant to his application being rejected for the second time by the District Level Committee, it is submitted by the appellant that upon being advised by the Members of the District Level Committee, the appellant submitted another application on 27/10/2016 for compassionate appointment.

(3.) As no decision was being taken on the said application submitted by the applicant, he approached this Court again by way of a writ petition being WP(C) No. 1636/2017. During the course of hearing of the said writ petition, the learned counsel for the State respondents submitted that the appellant's application dtd. 27/10/2016 may have been placed before the District Level Committee and consideration thereof might have been given. The said writ petition accordingly came to be disposed of vide order dtd. 3/11/2017 upon the statement made by the Departmental counsel that the petitioner's application must have been placed before the District Level Committee. The respondent authorities were directed to furnish to the appellant a copy of the decision taken thereon by the District Level Committee. It was further directed that in the event the application of the appellant was not placed before the District Level Committee, the respondents were directed to place the said application of the appellant dtd. 27/10/2016 before the next available District Level Committee of Kamrup(Rural) district.