Gauhati High Court
Nilotpol Das vs The State Of Assam And 4 Ors on 19 March, 2021
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GAHC010047622021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1823/2021
NILOTPOL DAS
S/O LATE CHAMPAK CHANDRA DAS,
R/O JYOTINAGAR, WARD NO. 6, MANGALDAI TOWN, PO AND PS
MANGALDAI, DIST DARRANG, ASSAM, 780125
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
IRRIGATION DEPARTMENT, DISPUR GUWAHATI 06
2:THE CHIEF ENGINEER
ASSAM IRRIGATION CHANDMARI
GUWAHATI 03
3:THE EXECUTIVE ENGINEER
MANGALDAI DIVISION (IRRIGATION ) MANGALDAI
PO AND PS MANGALDAI
DIST DARRANG
ASSAM 784125
4:THE DISTRICT LEVEL COMMITTEE (DLC)
DARRANG
REPRESENTED BY THE DEPUTY COMMISSIONER
DARRANG
MANGALDAI
ASSAM 784125
5:THE DEPUTY COMMISSIONER
DARRANG
MANGALDAI
DIST DARRANG
ASSAM 78412
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Advocate for the Petitioner : MR M AHMED
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 19.03.2021
Heard Mr. M. Ahmed, learned counsel for the petitioner, who submits that the
petitioner's father died in harness on 07.03.2016, while working as a Helper (Grade-IV)
employee in the office of the Executive Engineer, Mangaldoi Division (Irrigation). The
petitioner thereafter submitted an application for compassionate appointment, which
was rejected by the District Level Committee (DLC) in its meeting held on 26.08.2016,
for want of vacancy.
2. The petitioner's counsel submits that subsequent to the rejection of the
petitioner's application for compassionate appointment by the DLC in its meeting held
on 26.08.2016, the concerned Department has again sent another proposal for
compassionate appointment of the petitioner to the office of the Deputy Commissioner,
Darrang vide letter dated 06.12.2019 issued by the Executive Engineer, Mangaldoi
Division (Irrigation). However, the same has not been placed before the DLC for its
consideration. He submits that a direction should be issued to the DLC to consider the
petitioner's application.
3. Mr. N. Upadhay, learned counsel for the respondent Nos. 1, 2 & 3 and Mr. D.
Doley, learned counsel for the respondent Nos. 4 & 5 submit that once the application
of the petitioner has been rejected by the DLC on account of want of vacancy, the
petitioner's case for compassionate appointment cannot be considered again. They
further submit that the submission of the petitioner's counsel that the Department has
sent the petitioner's case for compassionate appointment again, is not supported by
the letter dated 06.12.2019 issued by the Executive Engineer, Mangaldoi Division
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(Irrigation), as it states that there is no vacant post for the 5% quota for appointment
for die-in-harness scheme at present.
4. I have heard the counsels for the parties.
5. Guideline No. 10 of the judgment of this Court in the case of Achyut Ranjan
Das and others -Vs- State of Assam, reported in 2006 (4) GLT 674 states as follows:-
"X) If the applications of eligible candidates remain pending and
cannot be considered due to want of vacancies for a period of 2 (two) years from
the date of making such applications, as such applications will require no further
consideration and must be understood to have spent their force."
The above clearly shows that if there are no vacancies for the period the
application was valid, i.e. for a period of 2 (two) years, the application losses its force.
6. Further, the letter dated 06.12.2019 issued by the Executive Engineer,
Mangaldai Division (Irrigation) and addressed to the Deputy Commissioner, Darrang,
Mangaldai clearly shows that there is no vacant post on 5% quata for appointment on
die-in-harness scheme at present.
7. In view of the fact that there is no challenge to the DLC meeting minutes by
which the petitioner's application for compassionate appointment had been rejected on
26.08.2016, this writ petition, being devoid of any merit, is herby dismissed.
JUDGE
Comparing Assistant
