AMRUL HAQUE MAZUMDER Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M Sarma, learned counsel for the petitioner, Mr. SM Hasan, learned counsel for the respondents No. 1, 2, 3, 4 and 5 being the authorities in the Environment and Forest Department of the Government of Assam and Mr. CS Hazarika, learned counsel for the respondent No. 6 being the Deputy Commissioner, Cachar.

(2.) The father of the petitioner Montazir Ali Mazumdar, who was a Forest Guard in the Divisional Forest Office, Cachar, died in harness on 1/1/1986 and on his death, an application for compassionate was made by the mother of the petitioner on behalf of the petitioner on 16/6/1999. It is also stated that the application of the mother of the petitioner did not result in any favourable order. The application of the petitioner was given a due consideration by the DLC of Cachar district which is discernible from the order dtd. 10/5/2022 of the Deputy Commissioner, Cachar and there was a recommendation in favour of the petitioner against a Grade-III post. When the recommendation was placed before the SLC in its meeting of 17/9/2022, it stood rejected by providing that there was a late submission and the application was made after a gap of thirteen years after the death of the concerned employee.

(3.) There are several judgments of the Hon'ble Supreme Court that a post for compassionate appointment cannot be kept reserved till a person attains majority to be eligible for making application. There is also a contrary Judgment of the Hon'ble Supreme Court rendered Syed Khadim Hussain vs State of Bihar, reported in (2006) 9 SCC 195, wherein it is provided that in the event an applicant is a minor at the time of death and makes an application after attaining majority, the same can also be given its consideration.