MILON AHMED, Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S . Alim, the learned counsel for the writ petitioner, Also heard Dr. B. Ahmed, the learned Standing Counsel, Irrigation Department appearing for the respondent Nos. 1, 3 and 4. Mr. M.R. Adhikari, the learned Government Advocate appears for the respondent No. 2.

(2.) The case of the petitioner is that his father while serving as Grade-IV Helper in the establishment of the Executive Engineer, Goalpara Mechanical Division died in harness on 25.10.2013. Thereafter, the petitioner on 30.12.2013 submitted an application for compassionate appointment. The application was received by the Executive Engineer (respondent No. 4) Goalpara Mechanical Division (Irrigation) and file No. GMD/ESSH.59/2015/2480 dated 07.12.2015 was made against the application. Since, the application of the petitioner remained unattended, the petitioner filed a representation before the Deputy Commissioner of Goalpara on 29.08.2016. However despite the same, the petitioner having not been considered by the DLC, he has approached this Court through the instant writ petition. Mr. S. Alim, the learned counsel for the WP(C) 6562/2016 petitioner submits that the case be disposed with a direction to the District Level Committee to consider the case of the petitioner for compassionate appointment. Dr. B. Ahmed appearing for the Irrigation Department submits that he has received instructions in the matter. As per the instructions that he has produced, the application of the petitioner was returned for certain information sought by the Deputy Commissioner and the Irrigation Department upon receipt of the same re-submitted the original application to the Additional Deputy Commissioner (Personal Branch), Goalpara on 07.12.2015.

(3.) It is the case of the writ petitioner that his case was not considered by the DLC. To this submission Dr. B. Ahmed submits that the Irrigation Department had duly forwarded the application with its enclosures to the Deputy Commissioner of Goalpara and if his application for compassionate appointment has not been considered, the respondent authority (DLC) may be directed to considered the same. He also submits that if the case of the petitioner has already been consider in the meantime, the ratio laid down in the case of Achyut Ranjan Das shall apply.