RAJESH NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. MJ Quadir, learned counsel for the petitioner and Mr. SS Roy, learned Junior Government Advocate for the respondents.

(2.) The father of the petitioner Rabindra Chandra Nath, who was working as Armed Branch (AB) Constable under the Superintendent of Police, Cachar, died in harness on 27/7/2009 in a motor-cycle accident while he was on official duty. At the time of his death, the petitioner was aged about 16 years and upon attaining majority, he submitted an application for compassionate appointment on 28/10/2011. The said application was given its consideration by the DLC of Cachar district in its meeting of 31/7/2012, but rejected by providing the reason of late submission of the application. Being aggrieved, this writ petition is instituted.

(3.) The respondents seek to justify the rejection by the DLC by taking a stand that under the prevailing law, an application for compassionate appointment is required to be made within a period of one year from the date of the death. But in the case of the petitioner, the death had occurred on 27/7/2009 and the application was made on 28/10/2011 i.e. a little over two years.