Animesh Talukdar vs The State Of Assam And 2 Ors
2021 Latest Caselaw 3313 Gua

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GAHC010192902020




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                  Case No. : WP(C)/19/2021

            ANIMESH TALUKDAR
            S/O- LT. KAMESWAR TALUKDAR, VILL- SANTIPUR, NEAR LAW COLLEGE,
            DIST.- NALBARI, ASSAM, PIN- 781335



            VERSUS

            THE STATE OF ASSAM AND 2 ORS
            REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, PUBLIC
            WORKS DEPTT., DISPUR, GHY-6

            2:THE DY. COMMISSIONER
             NALBARI
             P.O. NALBARI
             DIST.- NALBARI
             PIN- 781335
            ASSAM

            3:THE EXECUTIVE ENGINEER
             PUBLIC WORKS DEPTT.
             NALBARI BUILDING DIVISION
             NALBARI
             GOPAL BAZAR
             PIN- 78133

Advocate for the Petitioner   : MR D J DEKA

Advocate for the Respondent : SC, PWD
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                                BEFORE
           HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                   O R D E R

06.12.2021

Heard Mr. DJ Deka, learned counsel for the petitioner, Mr. TC Chutia, learned Additional Senior Government Advocate for the respondent No. 2 being the Deputy Commissioner, Nalbari and Mr. P Nayak, learned counsel for the respondents No. 1 and 3 being the authorities in the PWD.

2. The father of the petitioner Kameswar Talukdar, who was a master roll worker in the office of the Executive Engineer of the respondent PWD at Nalbari and whose service was regularized on 30.09.2005, died in harness on 22.12.2016. On his death, the petitioner submitted an application for compassionate appointment on 30.12.2016.

3. In the writ petition, the petitioner refers to the judgment of this Court in Achyut Ranjan Das & ors -vs- State of Assam & ors , reported in 2006(4) GLT 674, which according to the petitioner provides that the DLC is required to meet in every two months. Statements are also made that from reliable sources the petitioner came to know that there are adequate vacancies in Grade-III and Grade-Iv posts, but beyond that no further relevant averment is available in the writ petition.

4. Mr. P Nayak, learned counsel for the respondents in the PWD has made a statement that by the resolution dated 21.03.2018, the DLC of Nalbari district had already rejected the claim of the petitioner for compassionate appointment.

5. If it is so, a copy of the resolution of the relevant DLC, by which the claim Page No.# 3/3

of the petitioner was rejected, be provided to the petitioner. If the petitioner is aggrieved further, liberty will remain to approach again.

The writ petition is disposed of in the above terms.

JUDGE

Comparing Assistant