Md. Saddam Hussain vs The State Of Assam And 4 Ors
2023 Latest Caselaw 1686 Gua

                                                                 Page No.# 1/3

GAHC010134762022




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

                          Case No. : WP(C)/5086/2022

         MD. SADDAM HUSSAIN
         S/O LATE SAMSUDDIN AHMED, VILL-SIMELIBARI, P.O.-MANDAKATA, P.S.-
         BAIHATA CHARALI, DIST-KAMRUP(R), ASSAM, PIN-781121



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE PRINCIPAL SECRETARY, GOVT. OF ASSAM,
         ANIMAL HUSBANDRY AND VETERINARY DEPT., DISPUR, GUWAHATI-
         781006

         2:THE STATE LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT
         (SLC)
          REPRESENTED BY THE CHIEF SECRETARY
          GOVT. OF ASSAM
          DISPUR
          GUWAHATI-781006

         3:THE DIRECTOR OF ANIMAL HUSBANDRY AND VETERINARY DEPT
         ASSAM
          CHENIKUTHI
          GUWAHATI-781003

         4:THE DISTRICT LEVEL COMMITTEE
          REPRESENTED BY THE DEPUTY COMMISSIONER
          KAMRUP DISTRICT (M)
          GUWAHATI
         ASSAM
          PIN-781001

         5:THE DISTRICT ANIMAL HUSBANDRY AND VETERINARY OFFICER
          CHENIKUTHI
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             GUWAHATI
             KAMRUP DISTRICT (M)
             PIN-78100

Advocate for the Petitioner   : MR. B CHETRI

Advocate for the Respondent : GA, ASSAM




                                    BEFORE
                       HONOURABLE MR. JUSTICE SUMAN SHYAM

                                         ORDER

Date : 28-04-2023 Heard Mr. B. Chetri, learned counsel for the writ petitioner. Also heard Mr. D. Bora, learned Govt. Advocate, Assam appearing for the respondents.

The petitioner is aggrieved by rejection of his application for appointment on compassionate ground inter-alia on the ground of delay. The application was submitted by the petitioner in the year 2015 which was rejected by the SLC in its meeting held on 30- 12-2015. According to the petitioner, he came to know about the decision of the SLC only on 08-12-2021, where-after this writ petition has been filed.

Whether the application of the petitioner has been rejected on valid grounds and if not, whether a writ of mandamus will lie at this stage for issuing a direction for appointment of the petitioner on compassionate ground are questions which may have to be decided in this case in the light of the several judgments available expressing divergent opinions on the issue. It appears that a number of writ petitions are pending before this Court on the same issue.

Registry to, therefore, list all such matters together where the question of delay in considering the application for appointment on compassionate ground is concerned.

Let the matters be listed again in a bunch on 06-06-2023.

JUDGE Page No.# 3/3

GS

Comparing Assistant