LAWS(GAU)-2007-12-8

ANU MORANG Vs. STATE OF ASSAM

Decided On December 04, 2007
ANU MORANG Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) HEARD Ms. G. Deka, learned Counsel for the petitioner and Ms. K. Devi, learned Govt. Advocate for the State Respondents.

(2.) IN this petition, a prayer has been made to set aside the impugned order, dated 31. 5. 2001, (Annexure-4 to the writ petition), passed by the Deputy Commissioner, Lakhimpur District, North Lakhimpur, Assam, Respondent No. 3 herein, whereby the service of the petitioner made temporarily as Junior Assistant in the branch of the census work in the establishment of the Respondent No. 3, was retrenched with effect from 31. 5. 2001.

(3.) THE petitioner is in possession of Bachelor degree from the year 1997 and has other unemployed brothers in the family whose father, namely, late Tileswar Morang, while working as Supervisor Assistant in the establishment of the Respondent No. 3, died on 19. 9. 97. Thereafter, the application of the petitioner for getting a job on compassionate ground was forwarded by the Respondent 3 vide his letter, dated 20. 7. 1998, to the Respondent No. 2, namely, the Secretary to the Govt. of Assam, General Administration (B) Department, Dispur, Guwahati recommending his case for appointment as Lower Division Assistant. In reference thereto, the Respondent No. 3 appointed the petitioner against the newly created posts of Junior Assistants for the Census Branch in the office of the Respondent No. 3, vide order, dated 10. 3. 2000, (Annexure-2), indicating that the appointment was purely on temporary and could be terminated after closing of the census works without any notice and assigning any reason thereof. It appears that along with the petitioner, two other persons, namely, Sri Khirod Chutia and Sri Rupak Hazong were appointed by the same order, dated 10. 3. 2000. According to the petitioner, he accepted the said appointment in the prevailing circumstances, as he had no other alternative.