Page No.# 1/3
GAHC010045962023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1214/2023
KARAM RAY
S/O- LATE BABUL CH. RAY
R/O- VILL.- BISONDOI PART-III
P.O. BOROCHARAIKHOLA
P.S. GOLAKGANJ
DIST. DHUBRI
ASSAM
PIN- 783334.
VERSUS
THE CHIEF SECRETARY CUM CHAIRMAN AND 4 ORS.
TO THE GOVT. OF ASSAM STATE LEVEL COMMITTEE DISPUR GUWAHATI
2:THE STATE OF ASSAM
REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
HOME DEPTT. DISPUR GUWAHATI-6
3:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM GENERAL ADMINISTRATION DEPTT. DISPUR 6
4:THE DIRECTOR GENERAL OF POLICE
ULUBARI
GUWAHATI 7
5:THE DEPUTY COMMISSIONER CUM CHAIRMAN
DISTRICT LEVEL COMMITTEE DHUBRI
------------
Advocate for : MR A KHANIKAR
Advocate for : GA
ASSAM appearing for THE CHIEF SECRETARY CUM CHAIRMAN AND 4 ORS.
Page No.# 2/3
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
17.07.2023 Heard Mr. A. Khanikar, learned counsel for the writ petitioner. Also heard Mr. C. S. Hazarika, learned Govt. Advocate, Assam appearing on behalf of respondents.
The petitioner's father, who was the sole bread earner in the family, having suffered premature death, the petitioner had submitted an application seeking appointment on compassionate ground. The application submitted by the petitioner was forwarded by the District Level Committee (DLC). However, the State Level Committee (SLC) had rejected the prayer of the petitioner for appointment on compassionate ground vide resolution dated 10.02.2022 on the ground that the father of the petitioner did not have three years of service left on the date of his death. The aforesaid stand of the SLC is apparently based on Clause-1 of the Office Memorandum dated 01.06.2015 which makes a provision to that effect.
The attention of this Court has been drawn to the judgment and order dated 30.01.2023 passed by the learned Single Judge in the case of Bhaskar Konwar vs. State of Assam and others [WP(C) 1646/2021] whereby, Clause-1 of the O.M. dated 01.06.2015 has been held to be unconstitutional. Mr. Khanikar submits that in view of the decision rendered in the case of Bhaskar Konwar (supra) this Court has remanded similar matters back to the SLC for reconsideration. The learned counsel submits that a similar order be passed in the present case as well.
Page No.# 3/3 Responding to the above, Mr. C. S. Hazarika, learned Govt. Advocate, Assam submits that although an appeal preferred by the State against the judgment and order dated 30.01.2023 is pending before the Division Bench, no interim order of stay as been granted in the matter till date. If that be so, this Court is left with no option but to remand the matter back to the SLC after setting aside the resolution dated 10.02.2022 qua the writ petitioner.
Ordered accordingly.
The SLC to now consider the case of the petitioner afresh in the light of the observations made herein above. Whatever be the decision of the SLC, the same be communicated to the petitioner in writing. With the above observation, the writ petition stands disposed of.
JUDGE Comparing Assistant