ROKIBUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.R. Ahmed, learned counsel for the petitioner. Also heard Mr. G. Bordoloi, learned Govt. Advocate appearing for the State and Ms. S. Sarma, learned Standing Counsel for the Health Department.

(2.) Issue Rule returnable forthwith. In view of the nature of grievance raised in this writ petition, with consent of the learned counsel for both sides, the matter has been taken up for hearing.

(3.) In this writ filed under Article 226 of the Constitution of India, the case projected by the petitioner is that his father, namely, Late Abdul Bareque was serving as a Dresser (Grade-IV) post at Kalgachia PHC, Barpeta under the State Health Department. He had died-in-harness on 14.10.2010. Being qualified, the petitioner had approached the authorities on 24.02.2011 and applied for being appointed in Grade-IV post on compassionate ground. The case of the petitioner was placed before the District Level Committee, Barpeta for appointment compassionate ground. The said DLC, in its meeting dated 18.04.2013 did not recommend the proposal for appointment of the petitioner for want of vacant post of Grade-IV. Challenging the said reasons assigned by the DLC for not considering the proposal of the petitioner, the learned counsel for the petitioner has referred to the minutes of the DLC meeting on compassionate ground for Barpeta district held on 18.04.2013, wherein it is mentioned that there were total three vacancies in Grade-IV post in the year 2011 in the Office of the Joint Director of Health Services, Barpeta, however, with the remark therein that the eligible vacant post was nil. The learned counsel for the petitioner has referred to the Office Memorandum No. ABP- 357/80/137 dated 09.09.1983 and submits that as per the said Office Memorandum, the petitioner was entitled to be appointed in terms of Clause-4 thereof.