Prasenjit Sinha vs The State Of Assam And 2 Ors
2023 Latest Caselaw 3121 Gua

                                                                        Page No.# 1/3

GAHC010171832023




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

                                 Case No. : WP(C)/4616/2023

            PRASENJIT SINHA
            S/O- LATE PRAFULLA SINHA, R/O- MASUGHAT VILLAGE TOWN
            COMMITTEE- GTARAPUR PT.-VII, P.O. TARAPUR PT.-VII SUB DISTRICT,
            TARAPUR PT. VII, DISTRICT- CACHAR, PIN- 788008, STATE-ASSAM, PH.NO.-
            9864091548(M)



            VERSUS

            THE STATE OF ASSAM AND 2 ORS
            REPRESENTED BY THE COMMISSIONER AND SECRETARY GOVERNMENT
            OF ASSAM

            2:THE COMMISSIONER AND SECRETARY
            VETERINARY DEPARTMENT-DISPUR
             GUWAHATI-6

            3:DISTRICT VETERINARY OFFICER
             HOSPITAL ROAD
             SILCHAR-I
             DISTRICT- CACHAR-ASSA

Advocate for the Petitioner   : MS. D SINHA

Advocate for the Respondent : GA, ASSAM




                                    BEFORE
                    HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                          ORDER

Date : 14-08-2023 Page No.# 2/3

Heard Ms. D. Sinha, learned counsel for the petitioner as well as Ms. M.M. Kotoky, learned standing counsel for the Animal Husbandry and Veterinary Department appearing for the respondent nos.2 and 3.

2. From the nomenclature of the respondent no.1, it is not known as to which authority has been referred to.

3. By filing this writ petition under Article 226 of the Constitution of India, the case projected by the petitioner is that his elder brother, who was at that point of time was working as VFA (Veterinary Field Assistant), had expired on 15.07.2010. On 20.09.2010, the wife of the brother of the petitioner had submitted a representation before the District Veterinary Officer, Silchar (respondent no.3) that her brother-in-law, namely, Prasenjit Sinha (i.e. the petitioner) be appointed on compassionate ground. However, as no action was taken, the petitioner, by filing this writ petition under Article 226 of the Constitution of India has prayed for a direction upon the respondent authorities to appoint him in the Veterinary Department or any other Department in the Grade-IV post on compassionate ground.

4. It appears that at the time when the elder brother of the petitioner had died, OM dated 02.03.2009 for appointment on compassionate ground was in force. As per sub-para X of para-7 of the judgment of this Court in the case of Achyut Ranjan Das Vs. State of Assam, (2006) 4 GLT 674, this Court had categorically held that applications of eligible candidates that have remained pending and cannot be considered due to want of vacancies for a period of two years from the date of making such applications, all such applications are Page No.# 3/3

required for consideration and must be understood to have spent their force. At that point of time, reservation for appointment on compassionate ground was on the basis of 5% of vacancies arising in a year.

5. The petitioner has not been able to show that the vacancies of the year 2010 is still available for filled up in the quota of compassionate appointment. Moreover, it is noted that it is the admitted case of the petitioner that on 20.09.2010, his sister-in-law had submitted a representation before the respondent no.3 indicating that she was relinquishing her claim for appointment on compassionate ground in favour of her brother-in-law i.e. the petitioner, namely, Prasenjit Sinha. Therefore, the petitioner is now seeking appointment after lapse of 13 years to appoint him in the Veterinary Department on compassionate ground is not tenable as the petitioner has remained silent for a long period of 13 (thirteen) years.

6. Accordingly, this writ petition stands dismissed at the motion stage without issuance of notice on the respondents.

JUDGE

Comparing Assistant