JUDGMENT :

(R.M. Chhaya, J.)

1. Heard Mr. R.A. Choudhury, learned counsel for the appellant. Also heard Mr. D. Nath, learned Senior Government Advocate, Assam appearing for the respondents.

2. Feeling aggrieved and dissatisfied by the judgment and order dated 10.09.2021 passed by the learned Single Judge in WP(C) 4472/2021 whereby the learned Single Judge was pleased to dismiss the writ petition and being aggrieved, the original writ petitioner has preferred this intra-Court appeal.

3. The following facts emerge from the record of the appeal :

The appellant’s father Late Abdul Basith Choudhury was working as Section Assistant in PWD (Roads) in Karimganj sub-division in the district of Karimganj, Assam. It is the case of the appellant that the services of his father came to be regularised vide order dated 04.03.1993 against the sanctioned post. As the record unfolds the father of the appellant/original petitioner died in harness on 01.05.1993. It is the case of the appellant/original petitioner that his father was the only source of livelihood for the family and after his death, the appellant/original petitioner filed representation before the Assistant Executive Engineer, PWD (Roads), Karimganj with a prayer for compassionate ground under die-in-harness scheme which was reserved for sons/unmarried daughters/widows/near relative of the government employee. It is the say of the appellant/original petitioner that the Executive Engineer concerned forwarded the representation filed by the appellant to the Deputy Commissioner, Karimganj and the Chairman of the District Level Committee for appointment on compassionate ground. It is the case of the petitioner that the case of the appellant/original petitioner was considered by the District Level Committee on 20.01.2007 and on recommendation, the application of the appellant was forwarded to the State Level Committee. It is the case of the appellant/original petitioner that his application was considered in the meeting of the State Level Committee held on 13.02.2014 and the same came to be rejected on the ground that the post held by the father of the appellant was a personal post and therefore, the same cannot be treated as a vacant post. After the said rejection of the case of the appellant/original petitioner on 13.02.2014, the petitioner approached this Court by way of filing the present writ petition in the year 2021, i.e. after a lapse of 7 years. The learned Single Judge was pleased to dismiss the same on the ground of delay and observed that the claim of the petitioner is a stale claim and the same cannot be entertained. Being aggrieved by the same, the present appeal is filed.

4. Mr. R.A. Choudhury, learned counsel for the appellant has contended that the learned Single Judge committed an error in dismissing the petition merely on the ground of delay and has contended that the appeal be considered and appropriate direction be issued to the respondent authorities to appoint the appellant on compassionate ground.

5. Mr. D. Nath, learned senior Government Advocate, Assam has opposed this appeal and has contended that the appeal being meritless deserves to be dismissed. Mr. Nath has contended that the element of die-in-harness does not exist in the present case as the father of the appellant expired more than ten years back and therefore, no case for interference is made out and the appeal be dismissed. Mr. Nath has also relied upon the affidavit-in-opposition filed by the respondent authorities.

6. No other or further contentions/submissions or grounds have been raised by the learned counsel appearing for both the parties.

7. Upon considering the submissions made and on perusal of the impugned judgment and order as well as the record of the appeal, the following admitted facts emerge;

(i) that the father of the petitioner expired on 01.05.2003;

(ii) that the State Level Committee rejected the application of the petitioner on 13.02.2014 and the present writ petition was filed in t