Smti. Anita Singha vs M S Manivannan
2022 Latest Caselaw 3286 Gua

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GAHC010188112020




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

                                Case No. : Cont.Cas(C)/7/2021

            SMTI. ANITA SINGHA
            W/O LATE SUDHANYA SINGHA, R/O QUARTER NO. VIII (MIN), 6/1 CAPITAL
            COMPLEX, SUPERMARKET, OPPOSITE ANAND ACADEMY SCHOOL,
            DISPUR, GUWAHATI-6


            VERSUS


            M S MANIVANNAN, IAS AND ANR
            THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM,
            SECRETARIAT ADMINISTRATION DEPARTMENT, DISPUR, GUWAHATI-6


            2:BISWAJIT PEGU
             IAS
            THE DEPUTY COMMISSIONER
             KAMRUP (M)
             GUWAHATI-1


            3:MR . S BARUAH BORA
             ADDITIONAL SECRETARY TO THE GOVT. OF ASSAM
            GENERAL ADMINISTRATION
            (SECRETARIAT NAZARAT) DEPARTMENT
            GUWAHATI-0


Advocate for the Petitioner   : MR. A M S MAZUMDER


Advocate for the Respondent : MRS. D DAS BARMAN (R-2)
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                                 BEFORE
               HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                    ORDER

Date : 30-08-2022

Heard Mr. AMS Mazumder, learned counsel for the petitioner.

Mr. B Gogoi, learned counsel for the respondent No. 3 appears along with Ms. S Baruah, the Additional Secretary to the Government of Assam, GAD (Secretariat Nazarat). Ms. DD Barman, learned counsel appears for the respondent No. 2.

The personal appearance of Ms. S Baruah, the Additional Secretary had been ordered, inasmuch as, this Court in its order dated 14.06.2019 passed in WP(C) No. 2842/2018, had directed that the application of the petitioner for compassionate appointment, should be placed before the concerned District Level Committee (DLC) for a fresh decision, against any vacancy in any Department commensurating with the education qualification of the petitioner, in terms of the Office Memorandum dated 01.06.2015. However, the Additional Secretary had passed an order dated 21.03.2022 stating that vacancies were not available. This Court had then assumed the Additional Secretary had passed a judgment over the order of the Court.

The respondent No. 3 has filed an affidavit today, wherein it is seen that the order dated 21.03.2022 issued by the respondent No. 3 had been made in pursuance to the DLC meeting minutes dated 10.08.2021. The petitioner's application for compassionate appointment had been rejected due to lack of vacancies in the concerned Department vide the DLC meeting minutes dated 10.08.2021. As the misunderstanding of the order dated 21.03.2022 had occurred due to the said order not having made a mention of the DLC meeting Page No.# 3/3

minutes dated 10.08.2021, this Court is of the view that no judgment has been passed by the respondent No. 3, over the order passed by this Court in WP(C) No. 2842/2018. In that view of the matter, the personal appearance of the respondent No. 3 is dispensed with.

On considering the DLC meeting minutes dated 10.08.2021, it is seen that the petitioner's case has been rejected by the DLC only with respect to the concerned Department and not with respect to the other Departments, as has been ordered by this Court in WP(C) No. 2842/2018.

Mr. B Gogoi, learned counsel shall obtain further instructions with regard to the same by the next date.

List the matter after the Puja Vacation.

JUDGE

Comparing Assistant