KHANINDRA KUMAR NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K.R Patgiri, learned counsel for the petitioner and Mr. K.K. Parasar, learned State Counsel.

(2.) The father of the petitioner, who was working as a Supply Checker under the administrative control of the Sub Divisional Officer (C), Bajali, died in harness on 24.06.2004. Upon his death, the petitioner had made an application for compassionate appointment on 23.02.2005. The said application of the petitioner was placed before the DLC, Barpeta in its meeting held on 10.03.2015. As per the minutes of the said DLC, the case of the petitioner was not recommended firstly by stating that there does not exist any sanctioned vacant post of Grade-III and Grade-IV in the concerned department/branch. Secondly, it is stated that the post of Checker against which his deceased father was working, had been abolished in the meantime and further the post of Junior Assistant in the Food and Civil Supply and Consumer Affairs Branch, Bajali does not have sanction/retention.

(3.) An application for compassionate appointment is made for any available vacant post, to which the particular applicant may be suitable and in order to recommend for the compassionate appointment, an inter-se comparison of the financial status of the various applicants is to be considered. From a reading of the reasons stated in the DLC meeting of 10.03.2015, it is noticed that such consideration was not given to the application for compassionate appointment of the petitioner.