DEBO MALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. R. Kalita, learned counsel for the petitioner. Also heard Mr. A.R. Tahbildar, learned counsel for the respondents No.1 and 4 being the authorities under the Higher Education Department of the Govt. of Assam and Ms. D.D. Barman, learned Senior Government Advocate for the respondents No.2, 3 and 5 being the Deputy Commissioner, Kamrup(R) and Chief Secretary to the Govt. of Assam respectively.

(2.) Considering the nature of the order proposed to be passed, notice need not required to be issued to the respondent No.6.

(3.) The father of the petitioner who was working as a Lab Bearer in Dakhin Kamrup College, Mirza died in harness on 1/12/2011. On his death, the petitioner submitted an application for compassionate appointment on 26/10/2012 before the Principal, Dakhin Kamrup College, Mirza. The Principal of Dakhin Kamrup College instead of following the regular procedure of forwarding the said application before the DLC concerned, had allowed the petitioner to temporarily work as a Grade-IV employee in the college. Such procedure adopted by the Principal would have to be considered irregular and dehors the procedure of law. Be that as it may, the petitioner submitted another application for compassionate appointment on 11/5/2019. The subsequent application dtd. 11/5/2019 was placed before the DLC of Kamrup(R) in its meeting held on 18/3/2020. By the said meeting dtd. 18/3/2020 the claim of the petitioner for compassionate appointment was rejected citing the reason that the application was submitted after a gap of eight years of the death of the deceased.