LAWS(GAU)-2019-3-166

SMTI NAMITA BALA BARMAN Vs. STATE OF ASSAM

Decided On March 18, 2019
Smti Namita Bala Barman Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Ms. R.D. Kakati, learned counsel for the petitioner as well as Ms. B. Bhuyan, learned standing counsel for the BTC.

(2.) By this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the rejection of her candidature for being appointed on compassionate ground as per minutes of meeting of the District Level Selection Committee (DLSC) under Joint Director of Health Services, Kokrajhar district held on 24.07.2013 on the ground that more than two years has lapsed since the date of application and hence, the application for appointment had spent its force.

(3.) The husband of the petitioner, namely, Late Gajendra Chandra Barman was serving as Laboratory Technician under the Joint Director of Health Services, Kokrajhar and he died in harness on 05.01.2011. In terms of Office Memorandum dated 09.09.1983 and 02.03.2009, seeking compassionate appointment, the petitioner had submitted her application on 07.03.2011 for being consider for appointment to any Grade-IV post under the respondents. On receipt of the same, the Deputy Commissioner, Kokrajhar by a letter dated 04.06.2011 forwarded the proposal to the Joint Director of Health Services. Thereafter, the Joint Director of Health Services, Kokrajhar submitted the proposal of the petitioner for appointment on compassionate ground to the Secretary, Bodoland Territorial Council (BTC). Accordingly, the Secretary, BTC returned back the proposal with a direction to the Joint Director of Health Services, Kokrajhar to place the matter before the DLSC meeting constituted by the BTC.