Gauhati High Court
Ronald Hazarika vs The State Of Assam And 3 Ors on 20 January, 2021
Page No.# 1/4
GAHC010183162020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1679/2019
RONALD HAZARIKA
S/O. LT. DHARMA KANTA HAZARIKA
R/O. VILLAGE- UPAHUPARA
P.O. AND P.S. MANGALDOI
DISTRICT- DARRANG
ASSAM
PIN- 784125.
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GUWAHATI-6.
2:THE DIRECTOR GENERAL OF POLICE
ASSAM
ULUBARI
GUWAHATI-7.
3:THE SUPERINTENDENT OF POLICE
SPECIAL BRANCH
DIST.- SONITPUR
ASSAM
PIN- 784001.
4:THE DPEUTY COMMISSIONER
SONITPUR DISTRICT-CUM-DISTRICT LEVEL COMMITTEE
SONITPUR DISTRICT.
------------
Advocate for : MR. R M CHOUDHURY
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 3 ORS.
Page No.# 2/4
Linked Case : I.A.(Civil)/2210/2020
RONALD HAZARIKA
S/O. LATE DHARMA KANTA HAZARIKA, R/O. VILL. UPAHUPARA, P.O. AND
P.S. MANDALGOI, DIST. DARRANG, ASSAM, PIN- 784125
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REP. BY THE SECY. TO THE GOVT. OF ASSAM, DEPTT. OF HOME, DISPUR,
GUWAHATI-6.
2:THE DIRECTOR GENERAL OF POLICE
ASSAM
ULUBARI
GUWAHATI-7.
3:THE SUPERINTENDENT OF POLICE
SPECIAL BRANCH
DIST.- SONITPUR
ASSAM
PIN- 784001.
4:THE DPEUTY COMMISSIONER-CUM-CHAIRMAN
DISTRICT LEVEL COMMITTEE
SONITPUR
DIST. SONITPUR
ASSA
Advocate for the Petitioner : MR. R M CHOUDHURY
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 20-01-2021
Heard Mr. R.M. Choudhury, the learned counsel for the petitioner as well as Mr. D.Nath,
Page No.# 3/4
learned counsel for the State respondents.
2. The brief facts of the case is that the father of the petitioner, who was working as a
Head Constable under the respondent No. 3 died in harness on 02.03.2013. The petitioner
submitted an application for compassionate appointment on 15.02.2014, but the case of the
petitioner was not placed before the concerned DLC for consideration initially.
3. To cut a long story short, the petitioner's application for compassionate appointment
was subsequently considered and rejected by the DLC in its meeting held on 28.06.2017, on
the ground that the deceased Government servant did not have a balance of 3 years service,
as required under paragraph No. 1 of the Government O.M. No. ABP 50/2006/Pt/182 dated
01.06.2015.
4. The petitioner's counsel submits that as the petitioner's father had expired prior to the
issuance of the O.M. dated 01.06.2015 and the petitioner's application was also prior to the
said O.M., the DLC could not have rejected the petitioner's application in terms of the O.M.
dated 01.06.2015. In support of his submission, the learned counsel relies upon the judgment
of this Court in the case of Ahid Ahmed Majumdar Vs. State of Assam & Ors. , reported
in (2019) 4 GLT 812, wherein it has been stated in paragraph No. 14 that the O.M. dated
01.06.2015 will only have a prospective application, so as to cover those cases where the
Government servant had died after the issuance of the O.M. and the same cannot have a
retrospective application, so as to divest a considerate of his already acquired right under the
existing circular holding the field, on the date on which the Government servant had died.
5. Mr. D. Nath, the learned counsel for the respondents fairly concedes that the ground for
rejection of the petitioner's application by the DLC was not in consonance with the judgment
Page No.# 4/4
of this Court in Ahid Ahmed Majumdar Vs. State of Assam & Ors. (Supra).
6. In view of the submissions made by the counsels for the parties and the law laid down
by this Court in Ahid Ahmed Majumdar Vs. State of Assam & Ors. (Supra), the
rejection of the petitioner's application for compassionate appointment by the DLC, Sonitpur
in its meeting held on 28.06.2017 is unsustainable in law. The same is accordingly set aside.
The respondents are directed to place the case of the petitioner before the respondent No. 4
again so that the same is considered by the DLC in its next meeting.
7. The Writ Petition is accordingly disposed of.
JUDGE
Comparing Assistant
