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2023 Supreme(Gau) 703

DEVASHIS BARUAH
Dulu Dutta, S/o. Lt. HC/Driver Mihir Kumar Dutta – Appellant
Versus
Union of India, Rep. by the Secy. , Ministry of Home Affairs – Respondent


Advocates Appeared:
For the Petitioner: Mr. R. Mazumdar.
For the Respondents: Mr. S. Sarma, Senior Panel Counsel, Central government.

JUDGMENT :

Heard Mr. R. Mazumdar, the learned counsel for the petitioner and Mr. S. Sarma, the learned counsel appearing on behalf of the Union of India.

2. The instant writ petition has been filed by the petitioner seeking a direction upon the respondent authorities to offer appointment to the petitioner either in the rank of Constable Water Carrier or Constable Chaprasi or in any other post for which he would be entitled to as per the Standing Order No.05/2001 and upon his performance during the assessment conducted by the respondents.

3. The case of the petitioner in brief is that the petitioner’s father one Mihir Kumar Dutta died on 16.12.2005 while he was serving as the Head Constable Driver in CRPF. Since the father of the petitioner was the sole earning member of the family, the petitioner applied for appointment in the post of Peon on the ground of compassion. Pursuant thereto on 17.04.2008, the Additional Deputy Inspector General of Police, Group Center, CRPF, Muzaffarpur, Bihar informed the petitioner that his claim for compassionate appointment to the post of Peon was forwarded to the higher up for consideration but was received back with the remark that vacancy of the Peon

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