Gauhati High Court
Mokhtar Ahmed vs The State Of Assam And 4 Ors on 3 August, 2022
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GAHC010032742020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1139/2020
MOKHTAR AHMED
S/O. LT. MD. HARESHAR RAHMAN, VILL. AND P.O. BALISATRA, DIST.
KAMRUP (R), ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE CHIEF SECRETARY, ASSAM CUM CHAIRMAN, STATE LEVEL
COMMITTEE FOR COMPASSIONATE APPOINTMENT, ASSAM, DISPUR,
GUWAHATI-06.
2:THE SECRETARY
TO THE GOVT. OF ASSA
IRRIGATION DEPTT.
DISPUR
GUWAHATI-06.
3:THE SECRETARY
TO THE GOVT. OF ASSAM
A.H. AND VITERINARY DEPTT.
DISPUR
GUWAHATI-06.
4:THE CHIEF ENGINEER
IRRIGATION DEPTT.
GOVT. OF ASSAM
CHANDMARI
GUWAHATI-03.
5:THE DISTRICT ANIMAL HUSBANDARY AND VETERINARY OFFICER
KAMRUP CHENIKUTHI
GUWAHATI-03
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Advocate for the Petitioner : MR. N H BARBHUIYA
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
Date : 03-08-2022
JUDGMENT & ORDER (ORAL)
Heard Mr. NH Barbhuiya, learned counsel for the petitioner, Mr. TC Chutia,
learned Additional Senior Government Advocate for the respondents No. 1, 3
and 5 being the Chief Secretary of the State of Assam and the authorities under
the Animal Husbandry and Veterinary Department of the Government of Assam
and Mr. N Upadhyay, learned counsel for the respondents No. 2 and 4 being the
authorities in the Irrigation Department of the Government of Assam.
2. The father of the petitioner Hareshar Rahman, who was a Grade-III
Section Assistant in the office of the Executive Engineer, Rangia Irrigation
Division, died in harness on 07.11.2013 and on his death, the petitioner
submitted an application for compassionate appointment on 17.06.2014. The
said application was placed before the DLC of Kamrup district in its meeting of
12.10.2015 and there was a recommendation in favour of the petitioner against
one of the two vacant posts available for compassionate appointment in the
office of the District Animal Husbandry and Veterinary Officer.
3. A note provided to the recommendation of the DLC indicates that the
Executive Engineer, Rangia Irrigation Division has submitted a proposal that 5%
quota for compassionate appointment for the post of Junior Assistant in the
Irrigation Department had already been exhausted. Accordingly, the DLC found
that there was vacant posts in the office of the District Animal Husbandry and
Veterinary Department and accordingly as per Clause 15 of the Office
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Memorandum dated 01.06.2015, a recommendation was made. But it was also
provided that concerned Department and office i.e. the Office of the Animal
Husbandry and Veterinary Department was requested to take up the matter
between them and forwarded the proposal to the SLC for consideration.
4. Accordingly, when the recommendation of the DLC was placed before the
SLC, it stood rejected by providing the reason that the proposal of the Irrigation
Department was not taken up with the Animal Husbandry and Veterinary
Department before being considered by the DLC under Clause 15 of the Office
Memorandum dated 01.06.2015.
5. Mr. TC Chutia, learned Additional Senior Government Advocate appearing
for the Chief Secretary of the Government of Assam has referred to the
provision of Clause 15 of the Office Memorandum dated 01.06.2015, which is
extracted as below:-
"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 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."
6. A reading of the extracted portion makes it discernible that if vacancies are
not available in any particular office, it would be open to the Administrative
Department/Office i.e. all the Departments where no vacancies are found to
take up the matter with any other Departments/Offices of the Government
where vacancies may be available for an early appointment on compassionate
ground. In other words, a reading of Clause 15 of the Office Memorandum
dated 01.06.2015 goes to show that if vacancies are not available in the
Department/Office concerned, the Administrative authority of that
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department/office would take up the matter with the Administrative authority of
other Departments/Offices where vacancies may be available and thereafter be
placed before the DLC for its consideration.
7. In the instant case, a reading of the resolution of the DLC dated
12.10.2015 goes to show that the required procedure of the authorities of the
Irrigation Department taking it up with the authorities of the Animal Husbandry
and Veterinary Department as regards utilizing their vacancies for the purpose
of compassionate appointment had not been undertaken.
8. Accordingly, we do not find any infirmity in the rejection by the SLC of the
recommendation made by the DLC. But, however, as there is a requirement
under the Rule for the Irrigation Department to take it up with the authorities of
any other Department as to whether any vacancies exist in such Department,
we remand the matter back to the DLC of Kamrup district for a fresh
consideration by requiring the Irrigation Department to take it up with any other
Departments regarding the availability of vacancies in such Departments as
required under Clause 15 of the Office Memorandum dated 01.06.2015 and
thereafter place it before the DLC for its fresh consideration.
9. The requirement of the Irrigation Department be done within a period of
one month from the date of receipt of a certified copy of this order and
thereafter if any vacancies are found available in any other Departments by
following the aforesaid procedure, the application of the petitioner be placed
before the DLC in its next subsequent meeting.
The writ petition is allowed as indicated above.
JUDGE
Comparing Assistant
