MANAB MAHANTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Mr. Rs.Kalita and Mr. C Kalita, learned counsel for the appellant Mr.R Dhar, learned Additional Senior Government Advocate Assam for respondent Nos. 1,2 and 3.

(2.) This intra-court appeal is directed against the order dated 20.6.2017 passed by the learned Single Judge of this High Court, whereby he has dismissed appellant's WP(C) No. 7680/2016.

(3.) Appellant's father, Phatik Chandra Mahanta, died in harness on 2.10.2017, while serving as Jarikarak in the office of the Circle Officer, Nagarbera. The appellant, therefore, applied for compassionate appointment. But, since his application was not being processed, he filed WP(C) No. 4316/2009, which was disposed of vide order dated 19.10.2009 with a direction to the authorities to process the same in accordance with the applicable norms. In the result, the application of appellant was considered by the District Level Committee on 8.9.2010 and the Committee did not recommend his case because of limited vacancies in the 5% quota earmarked for the compassionate category. The appellant, then, after 6 years, filed WP(C) No. 7680/2016 for a direction against the authorities to appoint him on compassionate ground. The learned Single Judge, after hearing the appellant, by the impugned order, dismissed his petition on the ground that his father died long back on 2.10.2007 and hence, compassionate appointment cannot be claimed long after death of employee in harness. Aggrieved, the appellant has filed the present appeal.