NITUPAN DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H. Bezbaruah, learned counsel for the petitioner and Ms. D. Das Barman, learned Govt. Advocate, Assam for the respondents.

(2.) By filing this petition under Article 226 of the Constitution of India, petitioner seeks a direction to the respondents to appoint a guardian of his mentally retarded younger brother Chinmoy Charan Das as per provisions of the National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999 .

(3.) It is stated that petitioner had submitted application dated 12.07.2018 to the Local Level Committee, Kamrup (M) but no steps have been taken. As per disability certificate issued by the Senior Medical and Health Officer, MMCH Hospital dated 07.02.2018 and counter signed by the Joint Director of Health Services, Kamrup (M), Sri Chinmoy Charan Das, son of Late Charu Charan Das i.e. brother of the petitioner is suffering from severe (90%) disability under the category of "Mental Retardation". Charu Charan Das, the father was an employee under the Assam Power Distribution Company Ltd. (APDCL) and he died-in-harness on 31.03.2009. His wife i.e. the mother of petitioner Kanaklata Das also expired on 11.07.2017. Pensionery benefit of deceased father was drawn by wife of the deceased till her death. When it was pointed out to the employer that younger brother Chinmoy Charan Das was suffering from mental retardation to the extent of 90% and thus entitled to pensionery benefit for life, employer sought for guardianship certificate. It is in that context that the application dated 12.07.2018 was made.