Jasmin Khanam Barbhuiya vs The State Of Assam And 4 Ors
2022 Latest Caselaw 3744 Gua

                                                                 Page No.# 1/3

GAHC010178522022




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

                                 Case No. : WP(C)/6301/2022

            JASMIN KHANAM BARBHUIYA
            D/O- LATE ABDUL MANNAN BARBHUIYA,
            R/O- VILL- BARJATRAPUR,
            P.S- SALCHAPARA,
            DIST- CACHAR, ASSAM,



            VERSUS

            THE STATE OF ASSAM AND 4 ORS
            REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
            HOME DEPARTMENT, DISPUR, GHY- 06.

            2:THE DIRECTOR GENERAL OF POLICE
            ASSAM ULUBARI
             GUWAHATI- 07

            3:THE ADDL. DIRECTOR GENERAL OF POLICEV
            ASSAM
             ULUBARI
             GUWAHATI- 07

            4:THE SUPERINTENDENT OF POLICE
             CACHAR
             SILCHAR
             PIN-788001

            5:THE DISTRICT LEVEL COMMITTEE FOR SELECTION OF
            COMPASSIONATE APPOINTMENT
             OF CACHAR DISTRICT
            ASSA

Advocate for the Petitioner   : MR A R BHUYAN
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Advocate for the Respondent : GA, ASSAM




                                BEFORE
           HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                          ORDER

Date : 23-09-2022

Heard Mr. A.R. Bhuyan, learned counsel for the petitioner and Mr. C.S. Hazarika, learned Junior Government Advocate for the respondents.

2. The father of the petitioner who was working as a Constable under the Office of the Superintendent of Police, Cachar died in harness on 09.09.2013 and on his death, the petitioner submitted an application for compassionate appointment on 11.11.2013. The said application was given its consideration by the DLC of Cachar district in its meeting of 14.03.2017 and it stood rejected by providing the reason that the balance of service of the deceased was less than three years. The provision of requirement of a balance of service of at least three years in order to be eligible for compassionate appointment is provided in the O.M. dated 01.06.2015.

3. This issue had already been decided by this Court in its judgment and order dated 20.12.2017 in WP(C) No. 1514/2017, wherein it had been held that the law prevailing at the time of death would govern the issue and not the subsequent decision of bringing in the requirement of a balance service of three years. From such point of view, as the person concerned had died on 09.09.2013 and the application was made on 11.11.2013, the provision of requirement of three years of balance service would be inapplicable in the present case.

4. Also, the Hon'ble Supreme Court in the case of State of Madhya Pradesh & Page No.# 3/3

Ors. Vs. Ashish Awasthi, reported in (2022) 2 SCC 157, in paragraph 6 had held that the scheme prevailing at the time of death would govern a compassionate appointment. In the instant case, as the scheme prevailing when the deceased died did not provide for any requirement of balance of three years of service, from such point of view also a provision cannot be invoked by the DLC to reject the application of the petitioner.

5. Accordingly, the rejection by minutes of the DLC of Cachar district dated 14.03.2017 is set aside and the matter is remanded back to the DLC of Cachar district for a fresh consideration as per law and to be placed before its next available meeting.

Writ petition stands allowed as indicated above.

JUDGE

Comparing Assistant