Andri Amo vs The State Of Assam And 3 Ors
2021 Latest Caselaw 2864 Gua

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GAHC010113892015




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

                                  Case No. : WP(C)/959/2015

            ANDRI AMO
            S/O LATE HAYATH AMO @ HAYATH KHAN, R/O VILL. MUOHOI, P.O.
            HAFLONG, DIST DIMA HASAO ASSAM



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REPRESENTED BY THE COMMISSIONER and SECY. TO THE GOVT. OF
            ASSAM, PANCHAYAT and RURAL DEVELOPMENT DEPTT., DISPUR,
            GUWAHATI 781006

            2:THE JOINT SECY. TO THE PANCHAYAT and RURAL DEVELOPMENT
            DEPTT.

             DISPUR
             GUWAHATI 781006

            3:THE DEPUTY COMMISSIONER

             DIMA HASAO
             ASSAM.

            4:THE PROJECT DIRECTOR

             DRDA
             HAFLONG
             DIST. DIMA HASAO
             ASSAM

Advocate for the Petitioner   : MR.P K DAS

Advocate for the Respondent : SC, DIMA HASAOR-4
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                                BEFORE
               HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                    ORDER

Date : 12.11.2021

None appears on call for the petitioner.

Mr. A. Bhattacharjee, learned counsel appearing on behalf of Mr. M. Nath, learned standing counsel for the P&RD Department is present.

By way of this writ petition, the petitioner claims for compassionate appointment under the office memorandum dated 01.06.2015 issued by the Personal (B) Department, Govt. of Assam.

The case of the petitioner is that his father Lt. Hayath Amo @ Hayath Khan had died in harness on 20.07.2007 while working as a Chowkidar in the office of the DRDA, Dima Hasao, Haflong. As the case of the petitioner was not considered for appointment under the aforesaid scheme, the petitioner had approached this Court by filing WP(C) No.4571/2012, which was disposed of vide order dated 26.09.2012 with a direction to the respondent authorities to consider the case of the petitioner along with other similarly situated persons, however, without entering into the merit of the case.

Pursuant to such order, vide order dated 14.08.2014, the Project Director, District Rural Development Agency, Dima Hasao, Haflong had intimated the petitioner that in view of the standing Govt. instruction vide letter No.RDD.51/2011/353 dated 27.06.2012 received from the Joint Secretary to the Govt. of Assam, Panchayat & Rural Development Department, Dispur, Guwahati any vacancies arising in DRDA after 31.03.2012 cannot be filled up. Such Page No.# 3/3

decision is not challenged in the present writ petition.

The respondent no.2, by way of an affidavit, took a stand that the petitioner's father was engaged as a Chowkidar under the District Rural Development Agency, Haflong, such post is not a permanent post in as much as DRDA is an agency governed by the Societies Registration Act, 1860. Therefore, the father of the petitioner, Late Hayath Amo was not a Govt. servant.

Be that as it may, in the meantime, pursuant to a judgment of this Court, an office memorandum was issued on 01.06.2015 regulating the procedure, qualification etc. for consideration of appointment on compassionate ground. Such office memorandum clearly provides that to claim such benefit, the diseased should be a Govt. employee.

This petition is pending since 2015.

The learned counsel for the petitioner has been absent on last two occasions. Today, when the matter was called for, the learned counsel for the petitioner is again absent.

Therefore, without deciding the issue on merit, this writ petition is dismissed for non-prosecution.

JUDGE

Comparing Assistant