AKRAM ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Shri S. Alim, learned counsel for the petitioner. Also heard Shri R. Dhar, learned Addl. Senior Government Advocate, Assam representing the respondents.

(2.) The claim in this petition is with regard to compassionate appointment. It is the case of the petitioner that his father Kitab Ali was working as a regular Muster Roll Worker in the office of the Executive Engineer, P.W.D. Rural Roads Division, Dhubri, who had died in harness on 24/3/2014. The petitioner claims that on 20/3/2015, he had made an application for appointment in a Grade-III (Sec. Assistant) post in the category of compassionate appointment. The petitioner, admittedly has passed the Higher Secondary Examination. The case of the petitioner was recommended by the District Level Committee (DLC). However, the State Level Committee vide the impugned decision dtd. 11/1/2019 had rejected the case of the petitioner on two grounds namely, firstly that 5 % quota was already filled up and secondly, that the petitioner was under qualified for the post he has applied. Shri Alim, the learned counsel for the petitioner has submitted that though in his application for appointment, he had applied for Grade-III (SA), the appointment on compassionate ground being available for Grade-III as well as Grade-IV, his candidature could have been very well considered for a Grade-IV post, more so, when the entire objective of the scheme is to give a source of income to the bereaved family which has lost the sole earning member, who was a Government Servant. It is also contended that the ground that 5 % quota is already filled up is cryptic as no details have been provided. It is also contended that the DLC while recommending the case of the petitioner had referred about an existing vacancy.

(3.) Per contra, Shri R. Dhar, the learned State Counsel has, at the outset submitted that a direction for consideration of the case of the petitioner at this stage after a lapse of about 10 years from the date of death of the Government Servant will not be in consonance with the scheme for appointment on compassionate ground. It is submitted that the objective of the scheme is to enable a bereaved family losing their sole breadwinner to overcome the immediate crisis and would be a succor for such a bereaved family. It is submitted that the aforesaid factor would not be prevalent or existing after a period of 10 years.