WA/177/2020
2021 Latest Caselaw 268 Gua

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GAHC010163062020




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


                           WRIT APPEAL NO.177 OF 2020
                           Smti. Latika Goala,
                           Wife Late Durga Prasad Goala,
                           Resident of Village: Serispur TE, PO: Serispur,
                           PS: Hailakandi, District: Hailakandi, Assam.
                                                                             ........Appellant

                                          -Versus-

                           1. The State Level Committee (SLC), represented by the Chief
                           Secretary to the Government of Assam, Dispur, Guwahati - 781006.

                           2. The District Level Committee (DLC), Hailakandi (for
                           compassionate appointment), represented by its Chairman/ Deputy
                           Commissioner, Hailakandi, Po & PS: Hailakandi, District: Hailakandi,
                           Assam.

                           3. The Labour Commissioner, Assam, Guwahati - 781016.

                           4. The Labour Officer, Hailakandi,
                           PO & PS: Hailakandi, District: Hailakandi, Assam.
                                                                          ........Respondents

-Before-

Hon'ble the chief justice Mr. Sudhanshu Dhulia Hon'ble Mr. Justice Achintya Malla Bujor Barua

For the Writ Appellant : Mr. A.M. Barbhuiya, Advocate.

  For the Respondents                : Mr. T.C. Chutia,
                                       Additional Senior Government Advocate, Assam

  Date of hearing                    : 28th January, 2021.

  Date of Judgment & Order           : 28th January, 2021.
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                                JUDGMENT & ORDER (ORAL)
(Sudhanshu Dhulia, CJ)

Heard Mr. A.M. Barbhuiya, learned counsel for the appellant. Also heard Mr. T.C. Chutia, learned Additional Senior Government Advocate, Assam, appearing for all the respondents.

2. This is a writ appeal filed against the order dated 12.10.2020 passed by the learned Single Judge in WP(C) No.7712/2019, whereby the said writ petition was dismissed.

3. Brief facts of the case are that the petitioner, who is a widow, had filed the aforesaid writ petition before the learned Single Judge as her application for appointment under the Dying in Harness Rules was not considered in accordance with law. The petitioner's husband, namely, Late Durga Prasad Goala, was working as Lower Division Assistant (Grade-III) in the Labour Office, Hailakandi, who died in harness on 29.06.2003. Subsequently, thereafter the petitioner/writ appellant applied under the Rules. There is also a recommendation of the District Level Committee (DLC) in the year 2010, which categorically recommended the case of the petitioner to an existing vacancy. All the same, the petitioner was not appointed inspite of this recommendation and in the year 2018, she was informed that her case has been rejected.

4. Being aggrieved, the petitioner filed the aforesaid writ petition in the year 2019 with the following prayers:-

"It is therefore, most respectfully prayed that Your Lordships would be pleased to admit this petition, call for the records, issue rule calling upon the respondents to show cause as to why the appropriate writ/order/direction shall not be issued setting aside and quashing the impugned communication dated 16/11/2018 (Annexure-6) issued by the Addl. Labour Commissioner, Assam, Guwahati and minutes of the SLC dated 07/12/2010 whereby the claim of the petitioner for compassionate appointment was rejected for the interest of justice and after hearing the parties and on perusal of records, Your Lordships would be further pleased to make the rule absolute as prayed for and/or pass such further or other order or orders as Your Lordships may deem fit and proper considering the facts and circumstances of the case to secure the ends of justice."

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5. There is absolutely no doubt on the fact that the petitioner had approached this Court belatedly. At the same time, prima facie, we are also of the opinion that there is also a negligence on the part of the authorities, who have not apprised the petitioner in time that there was a recommendation in her favour in the year 2010 for such appointment.

6. In view of the above since the writ petition was dismissed in limine, on grounds of laches, we are of the opinion that the State authorities must explain their conduct as well as to why the petitioner, who was a widow, was not informed in time that the Committee had recommended in her favour in the year 2010.

7. We therefore set aside the order dated 12.10.2020 passed by the learned Single Judge in WP(C) No.7712/2019, and remand the matter before the learned Single Judge.

8. To this limited extent, the writ appeal stands allowed.

                                    JUDGE                               CHIEF JUSTICE



M. Sharma




Comparing Assistant