Dhiraj Baruah vs The State Of Assam And 4 Ors
2023 Latest Caselaw 2449 Gua

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GAHC010116122023




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

                          Case No. : WP(C)/3276/2023

         DHIRAJ BARUAH
         S/O- LATE PRABIN BARUAH,
         R/O- VILL NAYAKPARA,
         P.O AND P.S- SIPAJHAR,
         DIST- DARRANG, ASSAM, PIN-784145



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM (WORKS), PUBLIC WORKS
         (ROAD ) DEPARTMENT, DISPUR, GUWAHATI-6, ASSAM

         2:THE SECRETARY
          GOVT OF ASSAM
          PERSONNEL (B) DEPARTMENT
          DISPUR GUWAHATI-06

         3:THE DEPUTY COMMISSIONER
          CUM CHAIRMAN
          DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT
          DARRANG
          MANGALDOI
         ASSAM
          PIN-784125

         4:THE EXECUTIVE ENGINEER
          MANGALDOI RURAL ROAD DIVISION
          MANGALDOI
          DARRANG

          ASSAM
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             PIN-784125

             5:THE ASSISTANT EXECUTIVE ENGINEER
              PWD MANGALDOI RURAL SUB DIVISION
              SIPAJHAR
              DARRANG

             ASSA

Advocate for the Petitioner   : MR. P K BARMAN

Advocate for the Respondent : GA, ASSAM




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

09.06.2023 Heard Ms. S Chutia, learned counsel for the petitioner, who is aggrieved by the rejection of the case of the petitioner for compassionate appointment on the ground of balance period of service of the deceased employee. The learned counsel has submitted that the issue has been decided in a batch of writ petitions, the lead case, being WP(C)/1646/2021 wherein, the learned Single Judge, vide order dated 30.01.2023 had interfered with such rejection.

On the other hand, Shri R Dhar, learned State Counsel, Assam has submitted that the aforesaid judgment dated 30.01.2023 of the learned Single Judge is presently the subject matter of challenge before the Hon'ble Division Bench in a writ appeal which is pending.

Let Notice be issued, returnable by 4 weeks.

Shri R Dhar, learned Standing Counsel, PWD accepts notice on behalf of the respondent nos. 1, 4 and 5 whereas Ms. A Talukdar, learned State Counsel, Assam accepts notice on behalf of the respondent nos. 2 and 3.

Let extra copies of the writ petition be served upon the learned counsel for the Page No.# 3/3

respondents by Monday i.e., 12.06.2023.

Liberty is given to the parties to mention this matter in the event, the issue is decided by the Hon'ble Division Bench prior to the returnable date.

JUDGE

Comparing Assistant