DEBAJIT GOGOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B.P. Borah, learned counsel for the petitioner and Mr. D. Bora, learned Government Advocate for the State respondents.

(2.) The writ petition has been filed by the petitioner under Article 226 of the Constitution of India for a direction to the State Level Committee to reconsider the claim of the petitioner for appointment on compassionate ground.

(3.) The petitioner's father late Dimbeswar Gogoi who was working as a constable in the3rd Assam Police Task Force at Khajuabeel, under Udalguri, BTAD, Assam was allowed to go on voluntary retirement from service w.e.f. 31/12/2014 vide order dtd. 02/01/2015 issued by the Commandant 3rd APTF Battalion Khajuabeel. The petitioner's father expired on 30/05/2015. The petitioner being duly qualified, on 01/12/2015, submitted an application to the Director General of Police, Assam, Guwahati for appointment on compassionate ground. The petitioner case for compassionate appointment was placed before the District Level Committee (DLC) on 16/11/2016 and the DLC recommended the petitioner for appointment to the post of the constable in the Office of the Commandant 3rd APTF Battalion Khajuabeel subject to the ability of 5% vacancy position. The petitioner case was however rejected by the State Level Committee (SLC) on 28/06/2018 on the ground that the petitioner's case for compassionate appointment cannot be considered as his father voluntarily retired from service.