BAZLUL BASID Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Pathak, the learned counsel for the writ petitioner as well as Ms. D D Barman, the learned Additional Senior Government advocate for all the respondents.

(2.) The case of the writ petitioner is that his father died-in-harness on 01.07.2005 while he was working as U.B. Constable under the Superintendent of Police of Barpeta District. On his death, the deceased Government servant left behind his wife and two sons including the petitioner as well as two daughters. Since, the Late Government servant was the only bread earner of the family, the family of the deceased faced great financial hardship. The petitioner, therefore, submitted an application for compassionate appointment under the scheme formulated by the State vide Office Memorandum dated 09.09.1983 (Annexure-H). The application submitted by the petitioner on 003.2006 (Annexure-I) was forwarded by the Superintendent of Police, Barpeta District to the Deputy Inspector General of Police (MPC) on 06.07.2006 (Annexure-J).

(3.) It may be noticed that the Superintendent of Police of Barpeta District in forwarding the application of the petitioner along with two other applicants under his covering letter vide Memo No. E/176/06/1049 also mentioned that the prescribed statements I & II were also enclosed for taking necessary action. Although, the petitioner was expecting to be appointed on compassionate basis, the respondent authorities did not consider his application for a long time and ultimately, the petitioner submitted his representations to the Superintendent of Police, Barpeta District on 04.02.2009, 02.02.2010 and 07.07.2011. Subsequently, the petitioner filed an application under the RTI and from which he came to learn that his application for compassionate appointment had been rejected by the District Level Committee as time barred. The petitioner, being aggrieved is before this Court.