Jahangir Alom Laskar vs The Commissioner And Secretary To ...
2022 Latest Caselaw 1017 Gua

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GAHC010051022022




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

                                 Case No. : WP(C)/1888/2022

            JAHANGIR ALOM LASKAR
            S/O. LT. TAIBUR RAHMAN LASKAR, VILL. DUDPATIL PT. VI, P.O.
            HATICHERRA-VII, DIST. CACHAR, ASSAM.



            VERSUS

            THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM AND 3
            ORS
            REVENUE DEPTT., DISPUR, GUWAHATI-781006.

            2:THE DIRECTOR OF LAND RECORDS AND SURVEYS ETC.

             ASSAM
             RUPNAGAR
             GUWAHATI-32.

            3:THE DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE
            APPOINTMENT

             REP. BY ITS CHAIRMAN CUM DEPUTY COMMISSIONER
             CACHAR
             ASSAM.

            4:THE SETTLEMENT OFFICER

             CACHAR ADN HAILAKANDI DISTRICT
             SILCHAR-788001
             ASSAM

Advocate for the Petitioner   : MS N J BEGUM

Advocate for the Respondent : GA, ASSAM
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                                 BEFORE
               HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                           ORDER

Date : 23-03-2022

Heard Ms. N.J. Begum, learned counsel for the petitioner, who submits that the petitioner's father died in harness on 22.02.2004, when the petitioner was 5 years old. The petitioner on attaining the age of majority, filed an application for compassionate appointment in the year 2018. However, as the petitioner's application was not considered by the authorities, the petitioner has approached this Court by filing the present writ petition on 11.03.2022.

The petitioner's counsel submits that in the year 2004, the younger brother of the petitioner's father had submitted an application for compassionate appointment, which has not been considered by the respondent authorities till date.

Mr. J. Handique, learned counsel for the respondent Nos. 1 & 2 and Mr. D. Borah, learned counsel for the respondent Nos. 3 & 4 submit that the present writ petition is hit by delay and laches and should be dismissed.

In the case of Sanjay Kumar vs. State of Bihar, reported in 2000 7 SCC 192, the Apex Court has held that there cannot be reservation of a vacancy till such time the claimant becomes a major, after a number of years. In the present case, the petitioner's father died in the year 2004 and the petitioner submitted his application for compassionate appointment 14 years later, i.e., in the year 2018. The petitioner then kept silent for another 4 years and has approached this Court in the year 2022.

In view of the judgment of the Apex Court Sanjay Kumar vs. State of Bihar (supra) and keeping in view the fact that 18 years have elapsed between the date of the death of the Government servant and the filing of the present writ petition, this Page No.# 3/3

Court finds that the writ petition is hit by delay and laches. Accordingly, the writ petition stands dismissed.

JUDGE Comparing Assistant