Gauhati High Court
Amrit Baruah vs The State Of Assam And 4 Ors on 17 February, 2022
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GAHC010239952019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7468/2019
AMRIT BARUAH
S/O. LT. RAJEN BARUAH, VILL. BORTHEKERABARI, P.O. HAWAJAN, P.S.
BIHPURIA, DIST. LAKHIMPUR, ASSAM, PIN-784169.
VERSUS
THE STATE OF ASSAM AND 4 ORS.
THROUGH THE COMM. AND SECY. TO THE GOVT. OF ASSAM,
HANDLOOM, TEXTILE AND SERICULTURE DEPTT., DISPUR, GUWAHATI-
781006.
2:THE STATE LEVEL COMMITTEE FOR APPOINTMENT ON
COMPASSIONATE GROUND
THROUGH ITS CHAIRMAN CUM CHIEF SECRETARY TO THE GOVT. OF
ASSAM
DISPUR
GUWAHATI-781006.
3:THE DIRECTOR
SERICULTURE
ASSAM KHANAPARA
GUWAHATI-22.
4:THE ASSTT. DIRECTOR
SERICULTURE
TEZPUR
DIST. SONITPUR
ASSAM.
5:THE SUPDT. OF SERICULTURE
BISWANATH CHARIALI
DIST. BISWANATH CHARIALI
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Advocate for the Petitioner : MR. I H SAIKIA
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
O R D E R
17.02.2022
Heard Mr. I.H Saikia, learned counsel for the petitioner and Mr. R Dhar,
learned counsel for the respondents in the Handloom Textile and Sericulture
Department of the Government of Assam.
2. The father of the petitioner Rajen Baruah who was serving as a
Demonstrator in the Sericulture, Malipur, Gohpur in the district of Sonitpur,
Assam, died in harness on 20.12.2014 and on his death, the petitioner
submitted an application for compassionate appointment on 06.04.2015. The
said application was placed before the DLC of Sonitpur district in its meeting of
04.07.2015 and by the resolution thereof, the petitioner Amrit Baruah was
recommended for appointment to a Grade-III post.
3. When the recommendation was placed before the SLC in its meeting dated
11.08.2017 the same stood rejected by providing the reason that as the vacancy
of 5% for compassionate appointment had exceeded, the petitioner cannot be
appointed.
4. Being aggrieved, WP(C) No. 4067/2018 was instituted, which was given a
final consideration by the order dated 11.02.2019. In the order of 11.02.2019, it
was taken note of that certain materials were produced before the Court
containing the information that vacancies did actually exist. Accordingly, the
matter was remanded back to the SLC for a fresh consideration.
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5. Instead of placing the matter before the SLC as directed by the Court in its
order dated 11.02.2019, the Commissioner and Secretary to the Government of
Assam in the Handloom Textile and Sericulture Department deemed it
appropriate to refer to Principle-10 of OM dated 01.06.2015 providing that if an
application remains pending for want of vacancies for two years, it does not
need any further consideration. Accordingly, the Commissioner deemed it
appropriate that the direction of the Court is not required to be complied with,
meaning thereby that he had taken a decision on his own over and above the
decision of the Court. The conduct of the Commissioner and Secretary is
seriously deprecated.
6. Accordingly, as the required direction of this Court in the order dated
11.02.2019 in WP(C) No. 4067/2018 was not duly complied with, we reiterate
the said order and direct the authorities in the Handloom Textile and Sericulture
Department to place the claim of the petitioner for compassionate appointment
before the next available SLC as required by the judgment dated 11.02.2019.
We further add that in the event, the SLC again arrives at a conclusion that
there was no vacancy, the SLC shall confer with the concerned DLC and find out
if any vacancy is available in any other Department, for which the petitioner
may be qualified for as provided in the paragraph-15 of the OM dated
01.06.2015 and accordingly pass a reasoned order.
The writ petition is allowed as indicated above.
JUDGE
Comparing Assistant
