Rakhi Nath vs The State Of Assam And 5 Ors
2021 Latest Caselaw 338 Gua

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GAHC010019032016




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/3770/2016

         RAKHI NATH
         W/O LT. BIKRAMADITYA NATH, C/O DIPAK NATH, VILL. KRISHNAPUR,
         DIST- CACHAR, PIN-788025, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR, GHY-6

         2:THE STATE LEVEL COMMITTEE
          REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM
          DISPUR
          GHY-6

         3:THE COMMISSIONER and SECY. TO THE GOVT.OF ASSAM
          FLOOD CONTROL DEPTT.
          PIN-781003

         4:THE CHIEF ENGINEER
         ASSAM
          DEPTT. OF FLOOD CONTROL
          CHANDMARI
          GHY-3

         5:THE EXECUTIVE ENGINEER
          MECHANICAL W.R. DIVISION
         W.R. DEPTT.
          SILCHAR
          PIN-788001

         6:THE DISTRICT LEVEL COMMITTEE
          REP. BY THE DY. COMMISSIONER
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             CACHAR
             ASSAM
             PIN-78800

Advocate for the Petitioner   : MR.A K PURKAYASTHA

Advocate for the Respondent : MR.B GOSWAMI




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                          ORDER

Date : 02-02-2021

Heard Mr. A.K. Purkayastha, the learned counsel for the petitioner as well as Ms. S. Chutia, the learned counsel for the Water Resources Department. Mr. S.S. Roy appears for respondent Nos. 1, 2 and 6.

The petitioner's grievance is that the petitioner's application for compassionate appointment had been rejected by the State Level Committee (SLC) on the ground that the petitioner's deceased husband was not a regular Government servant.

Mr. A.K. Purkayastha, the learned counsel for the petitioner submits that the petitioner had filed another writ petition, i.e. WP(C) No. 5012/2017 praying for pension and other pensionary benefits. He submits that this Court vide Judgment dated 30.08.2018 passed in WP(C) No. 5012/2017 had directed the State respondents to grant pension and other pensionary benefits to the petitioner, which implies that the petitioner's husband was a regular Government servant.

He accordingly submits that the issue of whether the petitioner's husband is a regular Government servant is no longer an issue.

Ms. S. Chutia, the learned counsel for the Water Resource and Mr. S.S.Roy, the learned counsel for the respondent Nos. 1, 2 and 6 submit that in view of the fact that petitioner's husband has been deemed to be a regular Government servant vide Order dated 30.08.2018 passed in WP(C) No. 5012/2017, the petitioner's case for compassionate appointment should be placed again before the SLC for its reconsideration.

The Order dated 30.08.2018 passed in WP(C) No. 5012/2017 has directed the respondents to pay pension and other pensionary benefits to the petitioner. The said order also shows that the petitioner's service had been regularized by the Government.

As pension is payable only to a Government servant as per the Assam Service (Pension) Rules, 1969, the petitioner's husband has to be considered to be a regular Government Page No.# 3/3

servant.

Accordingly, the rejection of the petitioner's application by the SLC on the ground that the petitioner's husband was not a regular Government employee is not sustainable. The SLC Meeting Minutes dated 11.05.2015, in so far as it relates to the petitioner is hereby set aside.

The respondents are directed to place the case of the petitioner again before the SLC for reconsideration in its next SLC Meeting.

The writ petition is accordingly allowed.

JUDGE

Comparing Assistant