Writ petition challenging rejection of compassionate appointment application dismissed. Court upheld rejection as application filed beyond one-year limit post death of government servant.
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GAHC010170582016
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2700/2016
AJAY DAS
S/O- LT. MUKUT DAS, R/O VILL.- BARBAM TEA ESTATE, P.O. and P.S.AMGURI, DIST.- SIVASAGAR, ASSAM.
VERSUS
THE STATE OF ASSAM AND 3 ORS REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, SACHIVALAYA, DISPUR, GHY- 6.
2:THE DY. COMMISSIONER SIVASAGAR ASSAM.
3:THE CHIEF EXECUTIVE OFFICER ZILA PARISHAD SIVASAGAR.
4:THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPTT. DISPUR GHY- 6
Advocate for the Petitioner : MR.B DAS
Advocate for the Respondent : MR. M NATH, SC, PNRD DEPARTMENT
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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
06.12.2021
Heard Mr. A. Dasgupta, learned counsel for the petitioner, who submits that the rejection of the petitioner’s application for compassionate appointment by the State Level Committee (SLC) in it’s meeting minutes dated 01.02.2014 should be set aside. He submits that the petitioner’s father died-in harness on 25.05.2009 and the petitioner filed an application for compassionate appointment on 15.11.2010. While the District Level Committee (DLC) had recommended the case of the petitioner for compassionate appointment, the SLC rejected the same on the ground that the petitioner’s application exceeded the time limit. The petitioner’s counsel submits that as the DLC had recommended the case of the petitioner, the petitioner’s application should have been considered on merit by the SLC and it could not have rejected the application on the ground of the same being filed beyond the limitation period.
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had rejected the same on the ground of late submission of the application. This Court does not find any infirmity with the decision taken by the SLC.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the rejection of a compassionate appointment application filed beyond the one-year time limit is justified.
Whether a compassionate appointment application recommendation by the District Level Committee entitles the applicant to bypass the time limit.
Colour shows how this judgement treated each authority
Faziron Nessa and Another vs. State of Assam and OthersRelied on¶19
(2010) 4 GLT 340
AJAY DAS
THE STATE OF ASSAM
MICHAEL ZOTHANKHUMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
