Jubin Das vs The State Of Assam And 4 Ors
2022 Latest Caselaw 680 Gua

                                                                       Page No.# 1/3

GAHC010030352022




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

                                 Case No. : WP(C)/1337/2022

            JUBIN DAS
            S/O LT. MANI KANTA DAS, R/O VILL-JHALA, P.S.-SIMLA, DIST-BAKSA
            (BTAD), ASSAM



            VERSUS

            THE STATE OF ASSAM AND 4 ORS
            REPRESENTED THROUGH THE COMMISSIONER AND SECRETARY TO THE
            GOVT. OF ASSAM, ENVIRONMENT AND FOREST DEPARTMENT, DISPUR,
            GHY-6, K (M), ASSAM

            2:THE O/O THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS
             REHABARI
             GHY-08
            ASSAM

            3:THE DIVISIONAL FOREST OFFICER
            WESTERN ASSAM WILDLIFE DIVISION
            TEZPUR (SONITPUR)

            4:THE STATE LEVEL COMMITTEE FOR APPOINTMENT ON
            COMPASSIONATE GROUND
             REPRESENTED BY THE CHIEF SECRETARY

            5:THE DISTRICT LEVEL COMMITTEE
             O/O THE DEPUTY COMMISSIONER
             SONITPUR
             DIST- SONITPUR
            ASSA

Advocate for the Petitioner   : MR. R C DAS
                                                                      Page No.# 2/3

Advocate for the Respondent : SC, FOREST




                                 BEFORE
               HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                           ORDER

Date : 25-02-2022

Heard Mr. R.C. Das, learned counsel for the petitioner, who submits that the petitioner's father died in harness on 15.04.2012. The petitioner's mother thereafter submitted an application for compassionate appointment on 07.06.2012. The District Level Committee (DLC) rejected the petitioner's mother application for compassionate appointment in its meeting held on 04.08.2016.

2. The petitioner, who was 10 years old at the time of his father's death, filed an application for compassionate appointment on 08.01.2021, i.e., 9 (nine) years after the death of his father. The petitioner's counsel submits that the petitioner's application has not been considered by the respondent authorities and a direction should be issued to the respondent authorities to consider the case of the petitioner.

3. Mr. T.C. Chutia, learned Addl. Senior Government Advocate submits that there cannot be reservation of a vacancy till such time a minor claimant becomes a major, as held by the Apex Court in the case of Sanjay Kumar V. State of Bihar, reported in 2000 7 SCC 192. He submits that in view of the above judgment of the Apex Court, the writ petition should be dismissed.

4. Mr. B. Choudhury, learned counsel appearing for the respondent Nos. 2 & 3 echoes the submission made by the learned Addl. Senior Government Page No.# 3/3

Advocate.

5. In the case of Sanjay Kumar (Supra), the Apex Court has held that there cannot be reservation of a vacancy, till such time a minor claimant becomes a major. Besides the above, a question arises as to whether there can be successive applications for compassionate appointment, from different members of the family pertaining to the same deceased Government servant.

6. In the present case, the petitioner's mother had initially filed an application for compassionate appointment and the same had been rejected by the DLC on 04.08.2016. The same has not been put to challenge by the petitioner's mother. This Court is of the view that once the claim for compassionate appointment has been made by one member of the family and the same is rejected, the same does not give rise to a fresh cause of action to other members of the family to claim compassionate appointment, in respect of the death pertaining to the same Government servant.

7. In view of the reasons stated above, this Court does not find any merit in the writ petition. The same is accordingly dismissed.

JUDGE

Comparing Assistant