Rakesh Deka vs State Of Assam And 7 Ors

Heard Mr. A.M. Barbhuiya, learned counsel for the petitioner. Also heard Mr. D. Nath, learned additional senior Government Advocate appearing

for the respondents.

The father of the petitioner Kalyan Deka, who was serving in the Assam Police, died in harness on 11.06.2006. At the time of the death of his

father, the present petitioner was a minor. Therefore, no application for compassionate appointment could be submitted at that point of time. Be that as

it may, on 20.02.2020 the mother of the present petitioner submitted an application before the Director General of Police, Assam stating about the

death of her husband on 11.06.2005 and further that she is having the burden of bearing 3 (three) children and it has become very difficult on her part

to maintain her family because of financial difficulties. A statement is also made in the application to the Director General of Police, Assam that she

went from pillar to post of various offices from the lower to upper level but she could not get any relief. This writ petition is preferred by the son of the

deceased with a prayer that a direction be issued to the respondent authorities to consider the claim of the petitioner for compassionate appointment.

We cannot be oblivious to the fact that as per the law in force an application for compassionate appointment be made within a period of 1(one) year

from the date of death of the deceased person concerned.

Mr. D. Nath, learned additional senior Government Advocate raises the said question and submits that this writ petition would not be maintainable.

We are in agreement with Mr. D. Nath to the extent that the application for compassionate appointment has been made after 15(fifteen) long years

and not within the time prescribed. It is also a fact that at the time of the death of the deceased the present petitioner was a minor and therefore, he

could not submit any application for compassionate appointment.

Mr. A. M. Barbhuiya, learned counsel for the petitioner states that in the year 2005 the requirement of making an application within 1(one) year

was not in place. But be that as it may, as the said requirement is in place from a subsequent date, at least from that date onwards the law regarding

filing of application within time would be applicable for the petitioner.

But considering the aspect that the prayer in the writ petition is that the application submitted by the mother of the petitioner be given a

consideration, we are inclined to pass a direction to the Director General of Police, Assam to give a consideration to the said application dated

20.02.2020 of the mother of the petitioner and pass a reasoned order thereon. We are making it clear that by requiring it to be considered shall not be

construed in any manner to be a direction to give appointment to the petitioner. The Director General of Police, Assam shall apply his own mind on the

claim of the petitioner and pass a reasoned order as may be applicable under the law in force.

The requirement of passing the reasoned order by the Director General of Police, Assam be done within a period of 2(two) months from the date of

receipt of the certified copy of this order.

With the above terms, the writ petition stands disposed of.