BASAB RANJAN DEB Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant petition under Article 226 of the Constitution of India has been filed with a claim for appointment on compassionate ground.

(2.) The projected case of the petitioner, in a nutshell is that his father, Bhraman Kanta Deb, who was working as UD Assistant in the Office of the Superintendent Engineer, PWD (Roads), Cachar had died in harness on 12/8/2010. The petitioner who claims to be eligible had applied for appointment on compassionate ground which, however was rejected on the ground of delay in applying. The petitioner had thereafter approached this Court by filing WP(C)/4148/2013 which was disposed of vide order dtd. 16/12/2014 by interfering with the rejection order and with a direction to the District Level Committee (DLC) for consideration as one time measure. The DLC in its meeting dt. 7/4/2015 had reconsidered the case of the petitioner and recommended the same. The State Level Committee (SLC) however in its meeting dtd. 31/12/2018 had rejected the claim of the petitioner mainly on two grounds- (i) not within 5% quota and (ii) under qualified.

(3.) Aggrieved by the same, the petitioner had once again approached this Court by filing WP(C)/1654/2019 which was disposed of vide order dtd. 15/3/2019 directing a consideration of the case of the petitioner in terms of Paragraph 15 of the OM dtd. 1/6/2015. The matter was accordingly reconsidered by the SLC in its meeting dtd. 23/12/2019 and the application was rejected on 4 grounds- (i) applicant does not have required educational qualification, (ii) the deceased employee had less than 3 years of service remaining, (iii) he cannot be accommodated in any Division in Assam and (iv) his application was pending for recommendation for more than two years. It is the aforesaid decision which is a subject matter of challenge in the present writ petition.