KABIR AHMED CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. FA Laskar, learned counsel for the petitioner, Mr. D Gogoi, learned counsel for the respondents no. 1, 4, 5 and 6 being the authorities in the PHE Department of the Government of Assam and Mr. SS Roy, learned Junior Government Advocate for the respondents No. 2 and 3 being the Deputy Commissioner, Cachar.

(2.) The father of the petitioner Samir Uddin Choudhury, who was working as a Khalasi in the establishment of the Executive Engineer, PHE, Silchar, died in harness on 3/3/2017 and on his death, the petitioner submitted an application for compassionate appointment on 29/5/2017. Although the application is dtd. 29/5/2017 i.e. after 1/4/2017, but as the death had taken place on 3/3/2017 i.e. prior to 1/4/2017, the provisions of the earlier prevailing scheme for compassionate appointment would govern the case of the petitioner and not by the new compassionate family pension scheme which became effective from 1/4/2017. Even the Hon'ble Supreme Court in State of Madhya Pradesh and others Vs. Ashish Awasthi, reported in 2022 2 SCC 157 in paragraph 5 had held that a compassionate appointment would be governed by the scheme that prevailed at the time of death.

(3.) In the instant case, the application of the petitioner was given a consideration by the DLC of Cachar district in its meeting of 5/8/2017, but the claim of the petitioner stood rejected by providing that there was no vacancy available for the post applied for.