Sri Lankeswar Barman v. The State of Assam and 4 Ors

ORDER Date : 22-10-2024 Heard Mr. S.C. Biswas, learned counsel for the writ petitioner. Also heard Mr. R. Dhar, learned Addl. Sr. Govt. Advocate, Assam appearing for all the respondents. The prayer in this writ petition pertains to the application for compassionate appointment submitted by the petitioner. The father of the petitioner, who was working as Gr-IV employee under the respondent No. 5, died-in-harness on 28-10-2007 leaving behind the petitioner as one of the legal heirs. The petitioner had accordingly submitted an application on 26-02-2008 seeking appointment on compassionate ground. The District Level Committee (DLC), Dhubri had recommended his case for appointment on compassionate ground against a Gr-III vacancy vide minutes of meeting dated 31-10-2008. The petitioner has approached this Court by filing the instant writ petition, inter alia, contending that the recommendation of the DLC has not been placed nor considered by the SLC. However, the fact remains that the SLC had rejected the claim of the petitioner in its meeting held on 19-06-2018. Under such circumstances, unless a challenge is made to the resolution dated 19-06-2018 of the SLC, no relief can be granted to the petitioner. Situated thus, this writ petition stands closed with liberty to the petitioner to avail appropriate legal remedy, as may be permissible under the law. Page No.# 3/3

JUDGE GS Comparing Assistant

PageoNo.#o1/3 GAHC010196162018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6129/2018o SRIoLANKESWARoBARMANo S/O-oLToHARINATHoBARMAN,oR/O-oVILL-oNEWAJESPUR,oP.O.oFULERCHAR,o DIST-oDHUBRI,oASSAMo783135 VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o THROUGHoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oP.W.D.,o ASSAM,oDISPUR,oGHY-6 2:THEoSTATEoLEVELoCOMMITTEEoFORoCOMPASSIONATEoAPPOINTMENT oREP.oBYoITSoCHAIRMAN oTHEoCHIEFoSECY. oTOoTHEoGOVT.oOFoASSAM oDISPUR oGHY-6 3:THEoCHIEFoENGINEER oP.W.D.o(ROADS) oASSAM oCHANDMARI oGHY-3 4:THEoDISTRICToLEVELoCOMMITTEEoFORoCOMPASSIONATEo APPOINTMENT oDHUBRI oREP.oBYoITSoCHAIRMANoTHEoDY.oCOMMISSIONER oDHUBRI oDIST-oDHUBRI oASSAM o783135 Page No.# 2/3 5:THE EXECUTIVE ENGINEER P.W.D. DHUBRI RURAL ROAD DIVISION PO AND PS- DHUBRI DIST- DHUBRI ASSAM 78313 Advocate for the Petitioner : MR. S C BISWAS, MR. P S BISWAS,MS A BORAH,MS S SENGUPTA Advocate for the Respondent : GA, ASSAM, SC, PWD BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM