Gauhati High Court
Bhupen Medhi vs The State Of Assam And 3 Ors on 3 February, 2022
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GAHC010073972018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2330/2018
BHUPEN MEDHI
S/O- LT KHAGENDRA NATH MEDHI, R/O- K.K.HANDIQUE NAGAR, D.P.I.,
KAHILIPARA, GHY-19, DIST- KAMRUP (M), ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GHY-6
2:THE COMMISSIONER AND SECY.
TO THE GOVT. OF ASSAM
SECRETARIAT ADMINISTRATIVE (NAZARAT) DEPTT.
DISPUR
GHY-6
3:THE COMMISSIONER AND SECY.
TO THE GOVT. OF ASSAM
SECRETARIAT ADMINISTRATIVE (ESTT) DEPTT.
DISPUR
GHY-6
4:THE DEPUTY COMMISSIONER
KAMRUP (M)
ASSA
Advocate for the Petitioner : MR H TALUKDAR
Advocate for the Respondent : GA, ASSAM
BEFORE
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HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 03.02.2022
Heard H. Talukdar, learned counsel for the petitioner. Also heard Ms. S.
Baruah, learned Govt. Advocate appearing for respondent nos. 1 to 4 and Mr. A.
Phukan, learned standing counsel for respondent no. 2 and 3.
2. The father of the petitioner was a Grade-IV employee in the establishment
of respondent no. 2 and he died in harness on 18.08.2006. The petitioner
projects that he had applied for appointment on compassionate ground on
30.11.2006 by applying before respondent no. 2. It is projected that after
several representations being given by the petitioner, it was only vide forwarding
letter dated 26.10.2016, that the application of the petitioner was sent by the
Deputy Secretary to the Govt. of Assam, Secretariat Administration (Nazarat)
Department. It is projected that in the appended list, the name of the petitioner
had appeared at sl. No. 9. It is submitted that till date, there is no information
as to whether the case of the petitioner has been placed before the DLC.
3. Although the notice of motion was issued by order dated 12.04.2018, but
no affidavit-in-opposition has been filed by the respondents. Having noted from
the Annexure-E to the writ petition i.e. forwarding letter dated 26.10.2016 that
the application of the petitioner for appointment on compassionate ground was
sent by the Secretariat Administration (Nazarat) Department to the Deputy
Commissioner, Kamrup(M), Guwahati only on 26.10.2016, the Court is of the
considered opinion that the retention of the application of the petitioner from
30.11.2006 for nearly 10 years till it was forwarded on 26.10.2016 is clearly a
delaying tactics by the Secretariat Administration Department and designed to
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frustrate the decision of the Court in the case of Achyut Ranjan Das Vs. State of
Assam, 2006 (4) GLT 674, which mandates that such application be processed
in timely manner and it has further been decided therein that the applications
which are kept pending for more than 2 years is deemed to be lapsed. It was
never envisaged that the said observation of this Court would be applied as a
weapon against citizens by deliberately and wilfully delaying the process.
4. The State being aware of the said judgment cannot be permitted to flout
or frustrate the decision by retaining the application for 10 years in cold storage
without allowing it to see the light of the day. Therefore, the Court is inclined to
carve out an exception this case, which would not constitute a binding
precedent by providing that the Deputy Commissioner, Kamrup (M), Guwahati
(respondent no.4) shall now consider the applications of the petitioner in its
own merit and the candidature of the petitioner shall not be rejected on the
ground that more than 2 years has lapsed from the date of applying.
5. Accordingly, this writ petition stands allowed in terms of the aforesaid
observation.
6. The respondent no. 4 i.e. the Deputy Commissioner, Kamrup (M),
Guwahati shall conduct a DLC meeting within a period of 2(two) months from
the date of receipt of certified copy of the order.
JUDGE
Comparing Assistant
