Karam Ray vs The Chief Secretary Cum Chairman ...
2023 Latest Caselaw 2679 Gua

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GAHC010045962023




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

                           Case No. : WP(C)/1214/2023



         KARAM RAY
         S/O- LATE BABUL CH. RAY
         R/O- VILL.- BISONDOI PART-III
         P.O. BOROCHARAIKHOLA
         P.S. GOLAKGANJ
         DIST. DHUBRI
         ASSAM
         PIN- 783334.


          VERSUS


         THE CHIEF SECRETARY CUM CHAIRMAN AND 4 ORS.
         TO THE GOVT. OF ASSAM STATE LEVEL COMMITTEE DISPUR GUWAHATI

         2:THE STATE OF ASSAM
         REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
         HOME DEPTT. DISPUR GUWAHATI-6
          3:THE COMMISSIONER AND SECRETARY
         TO THE GOVT. OF ASSAM GENERAL ADMINISTRATION DEPTT. DISPUR 6
          4:THE DIRECTOR GENERAL OF POLICE
          ULUBARI
         GUWAHATI 7
          5:THE DEPUTY COMMISSIONER CUM CHAIRMAN
         DISTRICT LEVEL COMMITTEE DHUBRI
          ------------

         Advocate for : MR A KHANIKAR
         Advocate for : GA
         ASSAM appearing for THE CHIEF SECRETARY CUM CHAIRMAN AND 4 ORS.
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                                   BEFORE
                      HONOURABLE MR. JUSTICE SUMAN SHYAM

                                           ORDER

17.07.2023 Heard Mr. A. Khanikar, learned counsel for the writ petitioner. Also heard Mr. C.

S. Hazarika, learned Govt. Advocate, Assam appearing on behalf of

respondents.

The petitioner's father, who was the sole bread earner in the family, having

suffered premature death, the petitioner had submitted an application seeking

appointment on compassionate ground. The application submitted by the

petitioner was forwarded by the District Level Committee (DLC). However, the

State Level Committee (SLC) had rejected the prayer of the petitioner for

appointment on compassionate ground vide resolution dated 10.02.2022 on the

ground that the father of the petitioner did not have three years of service left

on the date of his death. The aforesaid stand of the SLC is apparently based on

Clause-1 of the Office Memorandum dated 01.06.2015 which makes a provision

to that effect.

The attention of this Court has been drawn to the judgment and order dated

30.01.2023 passed by the learned Single Judge in the case of Bhaskar Konwar

vs. State of Assam and others [WP(C) 1646/2021] whereby, Clause-1 of the O.M.

dated 01.06.2015 has been held to be unconstitutional. Mr. Khanikar submits

that in view of the decision rendered in the case of Bhaskar Konwar (supra) this

Court has remanded similar matters back to the SLC for reconsideration. The

learned counsel submits that a similar order be passed in the present case as

well.

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Responding to the above, Mr. C. S. Hazarika, learned Govt. Advocate, Assam

submits that although an appeal preferred by the State against the judgment

and order dated 30.01.2023 is pending before the Division Bench, no interim

order of stay as been granted in the matter till date.

If that be so, this Court is left with no option but to remand the matter back to

the SLC after setting aside the resolution dated 10.02.2022 qua the writ

petitioner.

Ordered accordingly.

The SLC to now consider the case of the petitioner afresh in the light of the

observations made herein above. Whatever be the decision of the SLC, the

same be communicated to the petitioner in writing.

With the above observation, the writ petition stands disposed of.

JUDGE

Comparing Assistant