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2023 Supreme(Gau) 1401

ARUN DEV CHOUDHURY
Fakrul Ahmed Barbhuiya S/o Late Asabuddin Barbhuiya – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A M Barbhuiya
For the Respondents: Mr. R Dhar, GA, Assam

JUDGEMENT & ORDER :

Heard Mr. AM Barbhuiya, learned counsel for the petitioner. Also heard Mr. R Dhar, learned counsel representing the State respondents.

2. The present application is filed being aggrieved by non-consideration of the case of the petitioner for appointment under the scheme of compassionate appointment formulated by the State of Assam. The case of the petitioner is that the father of the petitioner was allowed to go on retirement on medical ground with effect from 31.05.1996. In terms of policy decision under Office Memorandum dated 09.09.1993 formulated by the State of Assam when a person retires on medical ground, his dependants is entitled for appointment under the scheme of compassionate appointment. Accordingly, on 14.06.1996, the petitioner applied for appointment under the aforesaid scheme. Subsequently, the matter was placed before the District Level Committee on 06.12.2014 and a positive recommendation was made in favour of the petitioner by the DLC.

3. It is the case of the petitioner that even after positive recommendation of the DLC on 06.12.2014, the State Level Committee has not considered the case of the petitioner till date and therefore a writ of manda

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