NABA JYOTI DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K Sarma, the learned Counsel for the petitioner. The respondent Nos.1 - 4 are represented by Mr. Y.S. Mannan, the learned Standing Counsel for the PWD (Building). The Counsel for the respondent No.5 is however absent.

(2.) The matter pertains to appointment to the post of Section Assistant in the Abhayapuri Building Sub-Division of the PWD. The appointment of Wasim Rabbani (respondent No.5) to the vacancy is challenged on the ground that the petitioner himself was appointed to the said post on compassionate basis on 8.9.2010 (Annexure-2) and therefore it is argued that the service of the compassionate appointee, should not be disturbed.

(3.) The petitioner's father Late Sailendra Das died-in-harness on 8.2003 while serving as a Section Assistant in the Abhayapuri Building Sub-Division. Seven years after the death of the employee, the Executive Engineer, Goalpara Building Division on 8.9.2010 (Annexure-2) had ordered for the petitioner's appointment as Section Assistant. Although the appointment was shown to be on compassionate ground, reference was made in the appointment order to the Government letter dated 2.2010 which in fact required the post to be filled up through a regular process of selection.