Mintu Das vs The State Of Assam And 4 Ors
2022 Latest Caselaw 803 Gua

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GAHC010027912022




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

                             Case No. : WP(C)/1154/2022

         MINTU DAS
         S/O. LT. THANESWAR DAS, R/O. D. R. COLLEGE ROAD, W/NO.-9, H/NO.-715,
         GOLAGAHT, P.O. AND DIST. GOLAGAHT, ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         TO BE REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
         IRRIGATION DEPTT., DISPUR, GUWAHATI-781006.

         2:THE COMMISSIONER AND SECY.
         TO THE GOVT. OF ASSAM
          IRRIGATION DEPTT.
          DISPUR
          GUWAHATI-781006.

         3:THE CHIEF SECRETARY
         TO THE GOVT. OF ASSAM CUM CHAIRMAN
          STATE LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT
          DISPUR
          GUWAHATI-06.

         4:THE CHIEF ENGINEER

          IRRIGATION
          ASSAM
          CHANDMARI
          GUWAHATI-781003.

         5:THE DISTRICT LEVEL COMMITTEE
          REP. BY THE DEPUTY COMMISSIONER
          GOLAGHAT
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             ASSAM
             P.O. AND DIST. GOLAGHAT
             PIN-785621

Advocate for the Petitioner   : MR F A LASKAR

Advocate for the Respondent : GA, ASSAM




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                            ORDER

Date : 07.03.2022

Heard Mr. F. A. Laskar, learned counsel for the petitioner who submits that the SLC has rejected the petitioner's application for compassionate appointment on the ground that the petitioner's father did not have three years of service left at the time of death.

He submits that the OM dated 01.06.2015 which contains the said provision, cannot be made applicable to the facts of the case, in as much as, the petitioner's father had expired prior to OM dated 01.06.2015. He submits that in terms of the judgment of the Apex Court in the Secretary to Govt. Department of Education (Primary) & Ors. Vs. Bheemesh Alias Bheemappa, Civil Appeal No. 7752 of 2021 dated 16.12.2021 passed by a two Judges Bench of the Apex Court, which had considered the three Judges Bench judgement in N. C. Santosh Vs. State of Karnataka, 2020 (7) SCC 617, the judgement passed by the two Judges Bench in Secretary to Govt. Department of Education (Primary) & Ors. Vs. Bheemesh Alias Bheemappa (Supra) should be followed.

Issue notice, returnable in four weeks.

Mr. N. Upadhaya, learned counsel accepts notice on behalf of the respondent nos. 1, 2 & 4, while Mr. J. K. Parajuli, learned counsel accepts notice on behalf of the respondent nos. 3 & 5.

List the matter after four weeks.

JUDGE Page No.# 3/3

Comparing Assistant