Monuj Taid vs The State Of Assam And 2 Ors
2022 Latest Caselaw 4867 Gua

                                                                           Page No.# 1/3

GAHC010240722022




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

                                 Case No. : WP(C)/7688/2022

            MONUJ TAID
            S/O. LT. MILAN TAID, VILL. KATHALGURI, P.O. PATHALIPAM, P.S.
            BORNADI, PIN-787056, DIST. LAKHIMPUR, ASSAM.



            VERSUS

            THE STATE OF ASSAM AND 2 ORS
            REP. BY PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
            ENVIRONMENT AND FOREST DEPTT., DISPUR, GUWAHATI-06, ASSAM.

            2:THE DISTRICT LEVEL COMMITTEE (DLC)
             REP. BY DEPUTY COMMISSIONER
             LAKHIMPUR
             PIN-787506
            ASSAM.

            3:THE DIVISIONAL FOREST OFFICER

             NORTH LAKHIMPUR
             PIN-787056
             ASSAM

Advocate for the Petitioner   : MS. S DOLEY

Advocate for the Respondent : GA, ASSAM




                           BEFORE
      HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
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                                   ORDER

09.12.2022

Heard Ms. S Doley, learned counsel for the petitioner. Also heard Mr. RR Gogoi, learned counsel for the respondents No.1 and 3 being the authorities under the Environment and Forest Department, Government of Assam and Mr. CS Hazarika, learned counsel for the respondent No.2 being the Deputy Commissioner, Lakhimpur.

2. The father of the petitioner Milan Taid, who was serving as a game watcher in the office of the Divisional Forest Officer, Lakhimpur died in harness on 08.01.2013 and on his death, the petitioner submitted an application for compassionate appointment. The said application was forwarded by the Divisional Forest Officer, Lakhimpur to the Deputy Commissioner, Lakhimpur by the communication dated 17.07.2014.

3. By a communication dated 14.05.2017 from the office of the Deputy Commissioner Lakhimpur, the Principal Secretary to the Government of Assam in the Environment and Forest Department was informed that the application of the petitioner for compassionate appointment was rejected by the DLC in its meeting of 04.01.2016 on the ground of late submission of application.

4. When the father of the petitioner died on 08.01.2013 and the application of the petitioner claiming compassionate appointment was forwarded by the Divisional Forest Officer Lakhimpur on 17.07.2014, although the said application Page No.# 3/3

of the petitioner is not available on record, it has to be understood that atleast the petitioner must have submitted the application before 17.07.2014.

5. The office memorandum, although, may provide for one year period from the date of death of the deceased before which the application for compassionate appointment is required to be made, but it has already been held in a number of judgments that the said period is more of a directory in nature rather than being mandatory and in a given circumstance, an application can always be considered even if there is a slight delay beyond one year.

6. In view of the above, we direct the Divisional Forest Officer, North Lakhimpur to place the application of the petitioner before the next available DLC of Lakhimpur district for a consideration as per law.

7. Writ petition stands disposed of in the above terms.

JUDGE

Comparing Assistant