Nazib Uddin Laskar v. The State of Assam and 3 Ors

PageoNo.#o1/3 GAHC010007972024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/233/2024o NAZIBoUDDINoLASKARo S/O-oLATEoABDULoKAYUMoLASKAR,o R/O-oVILLAGE-oDAKSHINoSONAPUR-I,o P.O.-oMATIJUR,o DISTRICT-oHAILAKANDI,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo THROUGH-o THEoPRINCIPALoSECRETARY,o TOoTHEoGOVERNMENToOFoASSAM,o IRRIGATIONoDEPARTMENT,oDISPUR,o GUWAHATI-o781006. 2:THEoCHIEFoENGINEER oIRRIGATIONoDEPARTMENT oCHANDMARI oGUWAHATI-o781003. 3:THEoEXECUTIVEoENGINEER oHAILAKANDI oKATLICHERRAoALGAPURoDIVISION oIRRIGATIONoDEPARTMENT oHAILAKANDI oDISTRICT-oHAILAKANDI o ASSAM. 4:THEoDISTRICToLEVELoCOMMITTEEoFORoCOMPASSIONATEo APPOINTMENT oHAILAKANDI oREPRESENTEDoBYoITSoCHAIRMANo THEoDISTRICToCOMMISSIONER oCACHAR Page No.# 2/3

P.O. AND P.S.- HAILAKANDI DISTRICT-HAILAKANDI ASSAM Advocate for the Petitioner : MS. S SEAL Advocate for the Respondent : SC, IRRIGATION BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR

:: O R D E R :: 22-04-2024

Heard Ms. S. Kanungoe, learned counsel for the petitioner. Also heard Mr. C.K.S. Baruah, learned Government Advocate, appearing on behalf of respondent No. 4. The father of the petitioner while serving as Grade-IV employee in the office of the Executive Engineer, Hailakandi Division, died-in-harness on 01-10-2008. After expiry of his father, the mother of the petitioner initially applied for appointment on compassionate ground. However, as no step was taken, the petitioner, after attaining the age of majority, made an application for appointment on compassionate grounds in the year 2013. The grievance of the petitioner is that his case is yet to be considered by the District Level Committee

(DLC) till date. The respondent No. 4, who is the Additional District Commissioner, Hailakandi, Assam, has filed an affidavit and in paragraph 5 of the affidavit, it is stated that the case of the petitioner could not be taken up in the meeting of the DLC held on 19-09-2023. However, as the case of the petitioner was again forwarded by the Executive Engineer, Hailakandi-Katlicherra-Algapur Division, Irrigation, Hailakandi, for consideration by the DLC, by letter dated 06-02-2024, his case Page No.# 3/3 will be taken up in the next immediate sitting of the DLC as per the existing Government Rules. On consideration of the affidavit filed by the respondent No. 4, this writ petition is disposed of directing the concerned DLC to consider the case of the petitioner in its next immediate sitting as per law. With the above observation and direction this writ petition is disposed of.

JUDGE

Comparing Assistant