Manoj Kalita vs The State Of Assam And 4 Ors
2022 Latest Caselaw 1227 Gua

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GAHC010067412022




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

                          Case No. : WP(C)/2478/2022

         MANOJ KALITA
         S/O- LATE BASANTA KUMAR KALITA, R/O- VILL.- BAKAITARI PART-II, P.O.
         BAKAITARI, P.S. MATIA, DIST. GOALPARA, ASSAM, PIN- 783125.



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT
         OF ASSAM, HANDLOOM AND TEXTILES DEPARTMENT, DISPUR,
         GUWAHATI-781006.

         2:THE STATE LEVEL COMMITTEE FOR
         APPOINTMENT ON COMPASSIONATE GROUND
          REPRESENTED BY ITS CHAIRMAN
         THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM
          DISPUR
          GUWAHATI-6.

         3:THE DIRECTOR

          HANDLOOM AND TEXTILES
          ASSAM
          AMBARI
          GUWAHATI-781001.

         4:THE DISTRICT LEVEL COMMITTEE FOR
         APPOINTMENT ON COMPASSIONATE GROUND
          REP. BY ITS CHAIRMAN
         THE DEPUTY COMMISSIONER
          GOALPARA
          P.O. AND DIST. GOALPARA
         ASSAM
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             PIN- 783101.

             5:THE ASSISTANT DIRECTOR OF HANDLOOM AND TEXTILES
              GOALPARA
              P.O. AND DIST. GOALPARA
             ASSAM
              PIN- 783101

Advocate for the Petitioner   : MR. R MAJUMDAR

Advocate for the Respondent : GA, ASSAM




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                          ORDER

05.04.2022

Heard Mr. R. Majumdar, learned counsel for the petitioner. Also heard Mr. R. Dhar, learned counsel for the respondent nos.1, 3 & 5 and Ms. M.D. Borah, learned counsel for the respondent nos.2 & 4.

2. The petitioner's counsel submits that the petitioner's father died- in-harness on 14.08.2008. The petitioner thereafter applied for compassionate appointment on 03.12.2008. As the petitioner's application was not being considered, the petitioner approached this Court by way of WP(C) No.3256/2020. This Court, vide order dated 15.03.2021, disposed of WP(C) No.3256/2020 with a direction to the District Level Committee (DLC), Goalpara to consider the petitioner's application for compassionate appointment. The DLC thereafter, in it's meeting minutes dated 11.08.2021, rejected the petitioner's application for compassionate appointment, on the ground of there being no clear vacancy in the establishment of the Assistant Director, Handloom & Page No.# 3/4

Textiles, Goalpara. However, the DLC also held that the petitioner's application for compassionate appointment should be kept pending for the next DLC.

3. On considering the fact that the petitioner's application is to be considered again in the next DLC, this Court is of the view that the present writ petition is premature. However, on considering the fact that there are 18 (eighteen) sanctioned posts of Grade-IV in the establishment of the Assistant Director, Handloom & Textiles, Goalpara, 5% of the total sanctioned strength in the Grade-IV cadre, which can be filled up by way of compassionate appointment, would be 0.9%, which in terms of the judgment of the Apex Court in the case of State of U.P. & Another vs. Pawan Kumar Tiwari & Others, reported in (2005) 2 SCC 10 and in terms of Clause 14(a)(vi) of the O.M. dated 01.06.2015 would have to be rounded off to 1 (one).

4. In view of the above reasons, the respondents and specifically the DLC, Goalpara shall consider the case of the petitioner, by taking one post out of the eighteen sanctioned posts to be filled up by compassionate appointment. Further, if there are more than one candidate to be considered for the one post that is to be filled up by compassionate appointment, the DLC would also have to take into account paragraph 15 of the Office Memorandum dated 01.06.2015 which states as follows :

"If sufficient vacancies are not available in any particular office to accommodate the persons in the waiting list for compassionate appointment, it is open to the Administrative Department/Office to Page No.# 4/4

take up the matter with other Departments/Offices of the Government to provide at an early appointment on compassionate grounds to those in the waiting list."

5. The case of the petitioner shall accordingly be considered by the DLC in it's next meeting.

6. The writ petition is accordingly disposed of.

JUDGE

Comparing Assistant