Sagarika Das vs The State Of Assam And 3 Ors
2021 Latest Caselaw 2278 Gua

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GAHC010143802021




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

                             Case No. : WP(C)/4848/2021

         SAGARIKA DAS
         W/O. LT. SANJIB NARAYAN DAS, VILL. BORA GAON, WARD NO.3, P.S. AND
         P.O. BILASHIPARA, DIST. DHUBRI, ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 3 ORS.
         REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM PUBLIC
         HEALTH ENGINEER DEPTT. (PHE), DISPUR, GUWAHATI-06, DIST. KAMRUP
         (M), ASSAM.

         2:THE CHAIRMAN OF STATE LEVEL COMMITTEE (SLC) CUM CHIEF SECY.
         ASSAM

          DISPUR
          GUWAHATI-06
          DIST. KAMRUP (M)
          ASSAM.

         3:THE CHIEF ENGINEER (PHE)

          HENGRABARI
          GUWAHATI-36
          DIST. KAMRUP (M)
          ASSAM.

         4:THE EXECUTIVE ENGINEER

          PHE
          DHUBRI DIVISION
          DIST. DHUBRI
          ASSAM
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Advocate for the Petitioner   : MR. M J BARUAH

Advocate for the Respondent : SC, P H E




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                          ORDER

Date : 22.09.2021

Heard Mr. M.J. Baruah, learned counsel for the petitioner. Also heard Mr. D. Gogoi, learned counsel appearing on behalf of Mr. P.N. Goswami, learned Additional Advocate General appearing for the respondent nos.1, 3 and 4 and Mr. S.S. Roy, learned Govt. Advocate appearing for the State respondent no.2.

The father of the petitioner had died on 08.10.2010 and her name was recommended by the DLC for appointment on compassionate ground in its meeting held on 25.01.2011. A perusal of the minutes discloses that the petitioner, whose father had died on 08.10.2010 was recommended for appointment in vacancies which had arisen in respect of Grade-IV post for the year 2006-07 and 2008-09. The said minutes does not indicate that for vacancy of which year the petitioner was accommodated. The learned counsel for the petitioner submits that in the meantime, the SLC has also recommended the name of the petitioner, but he does not have the minutes of the SLC.

It is observed that in the minutes of the DLC held on 25.01.20211, there is no indication that for the relevant years, i.e. 2006-2009, there was no application for appointment on compassionate ground. Accordingly, it appears that the de hors the Office Memorandum in force, there are authorities in the State, who for reasons best known to them have accommodate the petitioner in Page No.# 3/3

respect of vacancies, which had occurred prior to the death of her father, where similar benevolence is not being extended to hundreds of other applicants whose candidatures are found to be rejected on various reasons without accommodating them to vacancy which had arisen at any other point of time. Document on page 34 indicates that vacancies were available in the year 2010.

Accordingly, the Court is inclined to issue notice on the State through the learned Advocate General for the State as it appears that in this case, an important issue which relates to the welfare of the people have been raised relating to appointment on compassionate ground. It also appears that the meeting of the DLC and SLC are not being held in accordance with the Office Memorandum in force as well as according to the guidelines contained in the judgment rendered in the case of Achyut Ranjan Das vs. State of Assam & Ors., (2006) 4 GLT 674.

The notice is made returnable on 03.12.2021.

As all the respondents are represented, requisite additional copies of the writ petition be furnished to the learned State and departmental counsel within the day.

List on 03.12.2021.

JUDGE

Comparing Assistant