Assam vs The State Of Assam And 4 Ors
2023 Latest Caselaw 2680 Gua

                                                               Page No.# 1/3

GAHC010045962023




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

                          Case No. : WP(C)/1191/2023



         ASHIQUR RAHMAN
         S/O- LATE KASEM ALI

         RESIDENT OF VILLAGE NO. 2 BORGHULI

         PO SAPMARI
         DIST.- NAGAON

         ASSAM.


          VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM

         DISPUR
         GUWAHATI-06.

         2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM
          PHE DEPARTMENT
         DISPUR
          GUWAHATI-6.
          3:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM
          DEPARTMENT OF PERSONNEL- PERSONNEL B
         DISPUR
          GUWAHATI-6.
          4:THE STATE LEVEL COMMITTEE (SLC) FOR COMPASSIONATE
         APPOINTMENT
         BEING REPRESENTED BY ITS CHAIRMAN
          NAMELY
         THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
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         DISPUR
         GUWAHATI-6.
         5:THE DISTRICT LEVEL COMMITTEE (DLC) FOR COMPASSIONATE
         APPOINTMENT
         NALBARI
         REPRESENTED BY THE DEPUTY COMMISSIONER
         NALBARI
         CUM CHAIRMAN DLC NALBARI.
         ------------
         Advocate for : MR. S K TALUKDAR
         Advocate for : GA
         ASSAM appearing for THE STATE OF ASSAM AND 4 ORS



                                   BEFORE
                      HONOURABLE MR. JUSTICE SUMAN SHYAM

                                           ORDER

17.07.2023 Heard Mr. S. K. Talukdar, learned counsel for the writ petitioner. Also heard Mr.

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

respondent 1 and 3 to 5. Mr. R. R. Gogoi, learned Standing Counsel, PHE

Department, Assam is present on behalf of respondent No.2.

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 28.03.2022 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.

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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. Talukdar 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.

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 28.03.2022 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