Hemanta Kumar Raja vs The State Of Assam And 3 Ors
2023 Latest Caselaw 747 Gua

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GAHC010039542023




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

                                 Case No. : WP(C)/1016/2023

            HEMANTA KUMAR RAJA
            S/O LT. KAMAL CHANDRA RAJA R/O RAIPUR P.O. RAITING P.S DHEMAJI
            DIST. DHEMAJI ASSAM



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
            SECONDARY EDUCATION DEPTT. SACHIVALAYA DISPUR ASSAM PIN
            781006

            2:THE DIRECTOR OF SECONDARY EDUCATION
            ASSAM
             KAHILIPARA GUWAHATI 781019

            3:THE DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE
            APPOINTMENT
             REP. HEREIN BY THE DEPUTY COMMISSIONER DHEMAJI ASSAM PIN
            787057

            4:THE STATE LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT
             REP. HEREIN BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
            SACHIVALAYA DISPUR GUWAHATI

Advocate for the Petitioner   : MR. D GOGOI

Advocate for the Respondent : SC, SEC. EDU.
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                                  BEFORE
                 HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

                                       ORDER

Date : 24.02.2023

Heard Mr. D.Gogoi, learned counsel for the petitioner. Also heard Mr. U.Sharma, learned standing counsel, Secondary Education appears for the respondent Nos. 1 and 2 and Mr. G.Pegu, learned Govt. Advocate appears for the respondent Nos. 3 and 4.

2. The father of the petitioner late Kamal Chandra Raja while working as an Upper Division Assistant in the Lakhimpur High School in the Dhemaji District, died-in-harness on 21.10.2015. Thereafter, petitioner made an application dated 18.12.2015, praying for appointment on compassionate grounds. The case of the petitioner was considered by the District Level Committee in its meeting held on 28.12.2021 and recommended the case of the petitioner for Grade-IV post. The State Level Committee in its meeting held on 01.03.2022, rejected the case of the petitioner on the ground that the remaining service period of the deceased Govt. Employee was less than 3(three) years and he had only 1(one) years, 10 (ten) months and 10(ten) days left for retirement. It appears that the rejection of the case of the petitioner by the State Level Committee was in view of Clause 1 of the Office Memorandum dated 01.06.2015.

3. Clause 1 of the Office Memorandum dated 01.06.2015 has been struck down by this Court by judgment and order dated 30.01.2023 in WP(C)/1646/2021 and other batch of writ petitions on the ground that it violates Article 14 of the Constitution of India.

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4. In that view of the matter, the matter is again remanded back to the State Level Committee to reconsider the case of the petitioner, particularly taking into consideration that Clause 1 of the Office Memorandum dated 01.06.2015 has already been struck down by this Court. The reconsideration of the case of the petitioner shall be considered by the State Level Committee in its next immediate sitting.

5. With the above observations, and directions, this writ petition stands disposed of.

JUDGE

Comparing Assistant