MD. AZAZUL HOQUE, S/O LT. AMZAD HUSSAIN R/O VILL Vs. THE STATE OF ASSAM AND 4 ORS., REP. BY THE COMMISSIONER AND SECRETARY, REVENUE DEPARTMENT, DISPUR, GUWAHATI

JUDGEMENT

(1.) Heard Mr. M. Ahmed, learned counsel for the petitioner and Mr. M. Khataniar, learned Govt. Advocate, Assam. Also heard Mr. M. Choudhury, learned Standing Counsel, Directorate of Land Records and Surveys, etc, Assam.

(2.) By filing this petition under Art. 226 of the Constitution of India, petitioner seeks quashing of the decision of the District Level Committee, Dhubri, dated 18.09.2015 rejecting the case of the petitioner for compassionate appointment.

(3.) Case of the petitioner is that his father served as Chainman in the office of the Assistant Settlement Officer, Dhubri Circle. He died in harness on 06.12.2014. Petitioner submitted application before the District Level Committee (DLC), Dhubri, through proper channel on 17.12.2014 seeking appointment in a Grade-IV post on compassionate ground. Case of the petitioner was placed before the DLC on 10.04.2015. However, DLC took the view that since petitioner's father had worked under the re-settlement operation which was on the verge of completion, views of the Government were required to be obtained as to whether family members of the deceased employees under re-settlement operation were eligible for compassionate appointment under the scheme in force. It was observed that Settlement Officer, Dhubri, was earlier instructed to seek clarification/instruction from the Government in this regard but no such instructions were forthcoming. Therefore, case of the petitioner was not considered.