Gauhati High Court
Bhaskar Jyoti Dutta vs The State Of Assam And 5 Ors on 21 December, 2021
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GAHC010020492017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2375/2017
BHASKAR JYOTI DUTTA
S/O- LATE JUGESWAR DUTTA, R/O- RONGMILL WEST DIVISION FOREST
COLONY, DIPHU, KARBI ANGLONG, PIN- 782460
VERSUS
THE STATE OF ASSAM and 5 ORS.
REPRESENTED BY COMMISSIONER and SPECIAL SECRETARY PWD
DEPARTMENT, DISPUR, GUWAHATI-781006
2:KARBI-ANGLONG AUTONOMOUS COUNCIL
DIPHU
REPRESENTED BY PRINCIPAL SECRETARY
PIN- 782460
3:PRINCIPAL SECRETARY
KARBI-ANGLONG AUTONOMOUS COUNCIL
DIPHU
PIN- 782460
4:ADDITIONAL CHIEF ENGINEER
PWD RandB HILLS ASSAM
DIPHU
PIN- 782460
5:JOINT SECRETARY
PWD
KARBI ANGLONG AUTONOMOUS COUNCIL
DIPHU
PIN- 782460
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6:EXECUTIVE ENGINEER
PWD
DIPHU ROAD DIVISION
DIPHU
PIN-78246
Advocate for the Petitioner : MS.M GOSWAMI
Advocate for the Respondent : GA, ASSAM
BEFORE
THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY
ORDER
21.12.2021
Heard the learned counsel for the petitioner, who submits that the
petitioner's father died in harness while he was serving as a Tracer in the PWD
(Roads) Division, Diphu in the Karbi Anglong district. Consequently in the year
1981, the petitioner's mother Kunjalata Dutta was appointed to the post of
Upper Division Assistant (UDA) in the office of the Executive Engineer, PWD
Roads Division, Diphu, Karbi Anglong on the ground of compassionate
appointment against the post of his father. It is further submitted that the
mother of the petitioner died in harness on 29.03.2012 while discharging her
duties and responsibilities as Upper Division Assistant (U.D.A.) in the office of
the Executive Engineer, P.W.D. Diphu Road Division, Diphu leaving behind her
only son, the present petitioner.
The petitioner's application for compassionate appointment was thereafter
considered by the concerned DLC on 03.09.2013, wherein the petitioner was
recommended for appointment on compassionate basis.
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The petitioner's grievance is that though the concerned DLC had
recommended the petitioner's application for compassionate appointment, no
appointment order has been issued till date.
Mr. J. Chutia, the learned Standing Counsel, Karbi Anglong Autonomous
Council (in short, KAAC) submits that the case of the petitioner can be
considered for compassionate appointment along with the all other eligible
candidates depending upon the availability of vacancy and financial status.
On hearing the learned counsels for the parties, the only issue to be decided
is as to whether there is any vacant post available, to appoint the petitioner on
compassionate basis in terms of the concerned DLC recommendation made on
03.09.2013.
In view of the above, this writ petition is being disposed of with a direction
to the respondent No. 3 to identify the total number of vacant Grade-III and
Grade-IV posts, for filling up the same on compassionate basis. While
considering the cases of the petitioner, the cases of other similarly situated
persons shall also be considered.
Since according to Mr. Chutia, no separate policy has been framed by the
Council/Authority pursuant to the judgment passed by this court in Achyut
Ranjan Das -Vs- State of Assam and Others reported in 4GLT 674 and
the criteria given in that case (Achyut Ranjan Das) shall be followed while
considering the case of the petitioner on compassionate appointment. The
authority will also take note of the percentage of vacancies meant for the
compassionate appointment.
The entire exercise should be completed within a period of 2 (two) months
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from the date of receipt of a certified copy of this order.
This writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
