RINKUMONI DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P.P. Dutta, the learned counsel for the writ petitioner and Mr. A. Das, the learned counsel appearing for the Environment and Forest Department (Respondent Nos. 1, 2 and 3). Mr. M.R. Adhikari, learned State Counsel appears for the respondent Nos. 4 and 5. Although the respondent Nos. 6 and 7 are represented by Mr. B.J. Ghosh who has filed affidavit-in-opposition on behalf of the said respondents, he is absent today.

(2.) Brief facts for disposing the case may be narrated at the out set. Petitioner's father who was working as a Forest Guard Grade- III under the establishment of the Divisional Forest Officer Kamrup East Division of the Environment and Forest Department expired on 13.10.2012 while working as such. On his death, the employee left behind his wife, two sons and one daughter. The petitioner being the eldest amongst the children applied for compassionate appointment by submitting his application in the month of March, 2003 through the Range Forest Office under the Divisional Forest Officer, Kamrup East Division. The application of the writ petitioner upon being forwarded to the State Government in the Environment and Forest Department, the Deputy Secretary to the Govt. of Assam, Environment and Forest Department vide communication dated 06.12.2003 informed the Principal Chief Conservator of Forest (Respondent No. 2) that the Govt. had no objection for appointment of the petitioner against Grade-III posts subject to availability of vacancy and compliance of the existing rules and procedures.

(3.) The petitioner, therefore, was expecting favourable consideration of his case for compassionate appointment but however, as he did not receive any communication as to what has happened to his application for a long time, he submitted an application seeking information from the office of the respondent No. 2 under the Right to Information Act on 24.07.2015. In response to his application, the petitioner was informed by the State Public Information Officer under the establishment of the respondent No. 2 vide communication dated 21.08.2015 in the following words :- "61 Nos. of candidates have been appointed in compassionate ground with effect from 2003 to 2010 up to 2015 is under process." Since the petitioner submitted his application in the month of March, 2003 and he was not considered for appointment on compassionate ground, being aggrieved, he has filed the present writ petition.