Ajay Das vs The State Of Assam And 3 Ors
2021 Latest Caselaw 3311 Gua

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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.

2. Mr. R. Dhar, learned counsel for the respondents on the other hand submits that in term of the judgment of this Court in Faziron Nessa and Another vs. State of Assam and Others, reported in (2010) 4 GLT 340, an application for compassionate appointment has to be filed within 1 (one) year from the death of the Government servant. In the present case, as the petitioner's application had been submitted after 1 year 9 months from the date of death of the Government servant, the rejection of the petitioner's application was justified.

3. I have heard the learned counsels for the parties. I have also perused the records and found that petitioner's application was submitted on 25.02.2011.

4. In the case of Faziron Nessa (supra), this Court had extended the time limit for filing an application for compassionate appointment from 3 (three) months to 1 (one) year, to be counted from the date of death of the Government servant. As the petitioner's application had been filed after around 1 year 9 months after the death of the petitioner's father, the SLC Page No.# 3/3

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.

5. In view of the reasons stated above, the writ petition stands dismissed.

JUDGE

Comparing Assistant