Gauhati High Court
Krishna Kanta Das vs The State Of Assam And 3 Ors on 12 August, 2022
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GAHC010153382022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5194/2022
KRISHNA KANTA DAS
S/O LT. GULESWAR DAS,
VILL.- NO. 2 LAKHI PATHAR,
P.O.- LAKHI PATHAR,
P.S. AND DIST.- DHEMAJI, ASSAM.
VERSUS
THE STATE OF ASSAM AND 3 ORS.
DEPTT. OF IRRIGATION.
REP. BY COMMISSIONER AND SECRETARY TO THE IRRIGATION DEPTT.
2:CHIFT ENGINEER IRRIGATION DEPARTMENT
2ND BLOCK-B
KRISHNA NAGAR
CHANDMARI
GUWAHATI
ASSAM
PIN- 781003.
3:DEPUTY COMMISSIONER CUM CHAIRMAN
DISTRICT LEVEL COMMITTEE DHEMAJI.
4:EXECUTIVE ENGINEER IRRIGATION DEVISION
DHEMAJI AT DHEMAJI
PIN- 787057
Advocate for the Petitioner : MR. S SAHU
Advocate for the Respondent : GA, ASSAM
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BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
12.08.2022
Heard Mr. S. Sahu, learned counsel for the petitioner, who submits that the
petitioner's father died in harness on 31.05.2016, while working in the
establishment of the respondent No. 4. The petitioner's grievance is that the
petitioner's application for compassionate appointment has been rejected vide
the District Level Committee (DLC) Meeting Minutes dated 29.4.2017 and
11.02.2022, on the ground that there was no vacancy available, as per the
report of the respondent No. 4. He submits that the petitioner's application
should have been considered in terms of paragraph No. 16 of the judgment of
this Court in Taufique Rahman vs. State of Assam & Ors. and in terms of
Clause 15 of the Office Memorandum dated 01.06.2015 also.
2. Mr. J.K. Goswami, learned counsel for the respondent No. 3, Ms. T.S.
Neog, learned counsel for the respondent Nos. 1, 2 & 4 submit that they do not
have any objection to the prayer made by the petitioner's counsel.
3. Paragraph No. 16 of the judgment of this Court in Taufique Rahman
vs. State of Assam & Ors. and Clause 15 of the O.M dated 01.06.2015 are
reproduced below:-
"16. In view of the above, it is directed that henceforth, all
such DLCs and SLC in the State of Assam shall give a
consideration not department and office wise, but taking the sum
total of the total number of vacancies in all the departments and
thereafter arrive at an inter-se financial comparison of all the
applicants in respect of the departments and thereafter make the
recommendation in the order of the applicants, who are financially
worse off, subject of course to their suitability and their
qualification for the given post. This order shall not be construed
to be an order requiring the DLCs and the SLC to re-open the
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earlier cases, which were already considered and dealt with
department wise as was done earlier."
"Clause - 15 of O.M dated 01.06.2015
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."
4. In view of the consent of the parties, the respondents are directed to
consider the case of the petitioner, in terms of para 16 of the judgment of this
Court in Taufique Rahman (supra), read with Clause 15 of the O.M dated
01.06.2015. The case of the petitioner should accordingly be sent back to the
concerned DLC for its consideration.
Writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
