Gauhati High Court
Mintu Das vs The State Of Assam And 4 Ors on 24 February, 2023
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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 SOUMITRA SAIKIA
ORDER
24.02.2023
Heard Mr. F. A. Laskar, learned counsel for the petitioner; Ms. M.D. Borah,
learned Standing Counsel for the respondents No. 3 & 5 and Mr. N. Upadhyay,
learned counsel for the Irrigation Department.
2. The grievance of the petitioner is that pursuant to the death of the father
of the petitioner late Thaneswar Das on 15.03.2015 where he expired while on
service, an application for seeking appointment on compassionate ground was
filed by the petitioner on 09.06.2015. Thereafter, the DLC, Golaghat by its
meeting dated 16.11.2015 recommended the name of the petitioner for Grade-
III post of Section Assistant in the said Department. However, subsequently the
SLC in its meeting held on 15.09.2021 rejected the case of the petitioner on the
ground that the deceased Government servant namely, the father of the
petitioner, had less than 3 years of service at the time of death as per Para 1 of
the Office Memorandum dated 01.06.2015. The Para 1 of the Office
Memorandum reads as under:
(1) Only one dependent family member of a Government
servant appointed on regular basis-excluding one working on daily
wage or casual or apprentice or ad-hoc or contract or re-
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employment basis- who die in harness or become incapacitated
due to accidents suffered while on duty and is eligible to opt for
invalid pension under relevant provision of Service Rule/ Pension
Code and/ or who is missing is eligible for making application for
compassionate appointment provided in each case the Government
servant has balance of minimum of 3 years of service."
3. It is submitted at the bar that the Co-ordinate Bench of this Court had the
occasion to deal with similar matters vide Judgment & Order dated
30.01.2023 passed in W.P(C) No. 1646/2021 and other bunch of writ petitions
interfered with the Clause-1 of the Office Memorandum dated 01.06.2015 on
the ground that it is ultra vires and thereupon set aside.
4. The learned Standing counsel for the Department does not dispute the
contentions made. It is also seen that no further appeal or review against the
order has been preferred by the respondent Authorities.
5. Accordingly, since a Co-ordinate Bench of this Court has already rendered
a finding interfering and setting aside with Clause-1 of the Office
Memorandum, this writ petition is also allowed setting aside with the Minutes
of the Meeting dated 15.09.2021 held by the SLC in so far as it relates to the
petitioner namely Mintu Das. The matter is remanded back to the SLC to re-
consider the case of the petitioner in terms of the Judgment and Order dated
30.01.2023 passed in W.P.(C) No. 1646/2021 (Vashkar Konwar Vs. The State
of Assam & Ors.)
6. The writ petition is, accordingly, allowed and disposed of.
7. The respondent authorities are directed to place the matter before the
next available SLC without fail. The SLC thereafter will consider the same in
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terms of the Judgment and Order dated 30.01.2023 passed in W.P.(C) No.
1646/2021.
JUDGE
Comparing Assistant
