DEBA KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Khound, learned Counsel representing the appellant. Also heard Mr. R.K. Borah, learned Additional Senior Government Advocate, Assam representing the respondent Nos.1--3, 5, 4, 8 and 9, Mr. D. Nath, learned Standing Counsel for the Public Works (Rural Road) Department representing the respondents No.10 and 11 and Mr. A. Chaliha, learned standing counsel for the Finance Department representing the respondent No.6.

(2.) This intra-Court Appeal is directed against the order dtd. 5/12/2022, passed by the learned Single Judge in WP(C) No.575/2021, whereby the writ petition has been dismissed on the ground that as the case of the appellant/writ petitioner was pending for more than two years, the Office Memorandum dtd. 1/6/2015, a policy decision, which mandates that if an application is pending for more than two years from the date of making such application due to want of vacancy, the said application would not require any further consideration, has not been put to challenge and there is no available vacancy.

(3.) The brief facts of the case is that the appellant/writ petitioner had challenged the rejection of his case for compassionate appointment by the State Level Committee (herein after referred to as 'the SLC') in its meeting held on 23/12/2019, whereby the case of the appellant has been rejected on the following grounds: that the application for compassionate appointment has been pending for recommendation for more than two years, therefore, said application has spent its force; that the petitioner does not possess the required educational qualification for the post of Sectional Assistant i.e. Higher Secondary (Science) and there is not a single earmarked 5% quota vacancy available for appointment on compassionate ground. The ground on which the appellant had challenged the minutes of the SLC meeting is that the grounds which have been assigned by the minutes of the SLC meeting held on 23/12/2019 are new grounds which were not there earlier.