PANKAJ BHUYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant petition under Article 226 of the Constitution of India has been filed challenging, inter alia the rejection of the candidature of the petitioner for appointment on compassionate ground which has been done by the District Level Committee, Lakhimpur (hereinafter DLC) in its meeting dtd. 13/12/2022.

(2.) The projected case of the petitioner, in a nutshell is that his father, Topedhar Bhuyan who was working as a Constable in Assam Police had died in harness on 1/7/2007. He left behind his wife and three minor children including the petitioner. The petitioner was stated to be a minor at the time of the death of his father. The petitioner being the eldest son of his family had submitted an application in the year 2007. As his case was not considered, he had approached this Court by filing WP(C)/6038/2011 which was disposed of by this Court vide an order dtd. 9/1/2012 with a direction for consideration of the case of the petitioner.

(3.) It is the case of the petitioner that in spite of such direction, no action was taken and therefore, the petitioner had filed a second writ petition being WP(C)/4287/2021. In the said writ petition, while notice was issued vide order dtd. 3/9/2021, it was observed that pendency would not be a bar for consideration of the case of the petitioner.