High Court · 2012

According to the petitioner, as she was minor on the date when her father died i n harness, she initially on 22nd September, 2003, while a minor, filed an applic ation seeking appointment on compassionate ground and thereafter, on 27th Septem ber, 2004 filed another application for that purpose, after attaining the age of majority. According to the petitioner, the State Level Committee vide impugne d proceeding dated 16th March, 2011 rejected the claim of the petitioner for app ointment on compassionate ground as the petitioner did not file the application within 1(one) year from the date of death of the Government servant, i.e. the pe titioner’s father, in terms of the office memorandum dated 28th October, 2003, w ithout, however, considering the power of relaxation given to the authority to e ntertain the application upto a period of 3(three) years from the date of death of the Government servant, if the applicant was minor on the date of death of th e Government servant. The learned counsel, therefore, submits that the present petition may be disposed of directing the Secretary to the Government of Assam, Education (Secondary) Department to consider the case of the petitioner for rela xation of the requirement of filing the application within 1(one) year from the date of death of her father, in view of the provisions contained in Clause-5 of the aforesaid memorandum dated 28th October, 2003 and thereafter, to place the m atter before the State Level Committee again for consideration. The learned counsel appearing for the respondents submit that it is evident from the impugned proceeding of the State Level Committee that the petitioner’s appl ication was rejected on the ground that the application was not filed within 1(o ne) year from the date of death of her father in harness. It has also been subm itted that since no application has been filed by the petitioner praying for exe rcising the power of relaxation conferred on the Government by virtue of Clause- 5 of the aforesaid memorandum dated 28th October, 2003, the Government did not c onsider as to whether such relaxation can be given to the petitioner or not. It has, however, been submitted that in the event the petitioner approaches the Go vernment for relaxation, her case would definitely be considered keeping in mind the power of relaxation as conferred on the Government in view of the provision s contained in Clause-5 of the aforesaid memorandum dated 28th October, 2003 and in the event the relaxation is granted, the case of the petitioner shall be res ubmitted to the State Level Committee for fresh consideration. As noticed above, it is not in dispute that the petitioner filed the application after 1(one) year from the date of death of her father. The petitioner, howeve r, was minor at the relevant point of time, i.e. when her father died in harness . The petitioner thereafter, on 27th September, 2004 filed the application, i.e . beyond 1(one) year as prescribed in the office memorandum dated 28th October, 2003. The said office memorandum also provides that the Government may, in the appropriate case, condone the period of 1(one) year and accept the application u pto a period of 3(three) years from the date of death of the Government servant, if the applicant was minor at the relevant point of time, i.e. on the date when the Government servant died in harness. There being no dispute that the petitioner was minor on the date of death of her father in harness, i.e. on 18th September, 2002 and she has filed the applicati on beyond the prescribed period of 1(one) year, as aforesaid, and as the petitio ner’s case for relaxation of the said time period, by virtue of the provisions c ontained in Clause-5 of the office memorandum dated 28th October, 2003, has not considered, the present petition is disposed of directing the Secretary to the G overnment of Assam, Education (Secondary) Department to consider relaxation of t he time period provided for filing the application seeking appointment on compas sionate ground, keeping in mind the provisions contained in Clause-5 of the afor esaid memorandum dated 28th October, 2003 and to pass necessary order. In case, the authority decides to accept the application, which has been filed by the pe titioner within a period of 3(three) years from the date of death of her father in harness, the Secretary shall resubmit the proposal before the State Level Com mittee for reconsideration, on the basis of the recommendation of the District L evel Committee. The entire exercise is directed to be completed within a period of 2(two) months from the date of production of the certified copy of the order passed today by the petitioner before the Secretary. The writ petition is accordingly disposed of. No costs.