ANUPAM SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. F A Laskar, learned counsel for the petitioner. Also heard Ms. D S Neog, learned counsel for the respondents no. 1, 3, 4 and 5 being the authorities under the Irrigation Department of Government of Assam and Ms. M D Bora, learned counsel for the respondents no. 2 and 6 respectively, being the Chief Secretary and Deputy Commissioner, Cachar.

(2.) The father of the petitioner Ananta Saikia who was a helper in the office of the Executive Engineer, Silchar Mechanical Division (Irrigation), Silchar died in harness 27/3/199 and on his death, an application for compassionate application was made by the petitioner on 30/11/2009. At the time when the deceased employee died, the petitioner was a minor and it is stated that the application for compassionate appointment was made upon attaining the age of majority. Even otherwise there was an initial application by the mother of the petitioner on 23/8/1999 which was within the proximity of the death of the deceased employee. The application of the petitioner for compassionate application was rejected by the SLC in its meeting of 29/9/2012 on the ground that the said application was made beyond three months from the date of the death of the employee and secondly, that at the time of death, the petitioner was a minor.

(3.) The said rejection was assailed by the petitioner in WP(C)/1806/2014 wherein by the order dtd. 2/4/2014 it was provided as extracted: