HAIDAR HUSSAIN MAZUMDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. S.B. Choudhury, learned counsel for the petitioner. Also heard Mr. S.R. Baruah, learned Government Advocate, Assam and Ms. D. Sinha, learned Standing Counsel, Elementary Education Department for the respondents.

(2.) The claim of the petitioner is for appointment under the die-in-harness scheme. Though considered by the DLC and the SLC, the respondent authorities ultimately rejected the same in its meeting held on 20.7.2017 on the ground that the petitioner had submitted the application lately as he had applied more than one year after the death of the government servant.

(3.) Learned counsel for the petitioner submits that this aspect of the matter is not correct contending that the petitioner's father died on 18.3.2010 and the petitioner submitted his application for compassionate appointment on 15.6.2010, as is evident from the documents at Annexure-A and -D respectively to the writ petition. Learned counsel for the petitioner submits that on earlier occasions the DLC and SLC had considered the petitioner's application which, however, was not entertained either by deferring the claim or on the ground that there was no vacancy. However, in the last meeting of the SLC held on 20.7.2017, it was ultimately rejected on the ground that the petitioner had filed his application belatedly, which is not borne by record.