Citation : 2022 Latest Caselaw 1076 Gua
Judgement Date : 25 March, 2022
Page No.# 1/2
GAHC010011272021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/424/2021
MANOJ KUMAR
S/O BIREN KUMAR
RESIDENT OF SUNDARBARI, JALUKBARI, GUWAHATI 14, KAMRUP M
ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
PERSONAL DEPARTMENT (B) GOVT. OF ASSAM
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM
GUWAHATI DEVELOPMENT DEPARTMENT
DISPUR GUWAHATI 6
3:THE COMMISSIONER
GUWAHATI MUNICIPAL CORPORATION
GUWAHATI 1
4:THE DEPUTY COMMISSIONER
KAMRUP
Advocate for the Petitioner : MR. B K DAS
Advocate for the Respondent : GA, ASSAM
Page No.# 2/2
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 25.03.2022
None appears for the petitioner on call.
Mr. P. Nayak, learned counsel appears for the respondent nos. 2 & 3. Mr. R. Bora, learned counsel appears for the respondent nos. 1 & 4.
The petitioner's case is that the petitioner's father died in harness on 14.01.2015 while working in the Establishment of the respondent no. 3.
The petitioner submitted an application for compassionate appointment on 02.02.2017. The petitioner's case is that the petitioner's application for compassionate appointment has not been considered till date.
In terms of the judgment of this Court in Faziron Nessa Vs. State of Assam & Ors. reported in (2010) 4 GLT, an application for compassionate appointment has to be submitted within a period of one year from the date of death of the Govt. servant.
In the present case, the petitioner's application for compassionate appointment has been submitted, after two years from the death of the Govt. servant. Be that as it may, the petition is dismissed for non-prosecution.
JUDGE
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