Mamidul Hassan vs The State Of Assam And 5 Ors
2023 Latest Caselaw 2545 Gua

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GAHC010038292023




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

                          Case No. : WP(C)/1211/2023



         MAMIDUL HASSAN
         S/O- ABDUL BAREK
         R/O- VILL.- DABALIA PARA
         P.S. HOWLY
         DIST. BARPETA
         ASSAM
         PIN- 781316.


          VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM
         COOPERATION DEPARTMENT
         DISPUR
         GUWAHATI-6.

         2:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM
         COOPERATION DEPARTMENT
          DISPUR
          GUWAHATI-6.
          3:THE REGISTRAR
          COOPERATIVE SOCIETIES
         ASSAM
          KHANAPARA
          GUWAHATI.
          4:THE STATE LEVEL COMMITTEE ON COMPASSIONATE APPOINTMENT
         REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
          DISPUR
          GUWAHATI-6.
          5:THE DISTRICT LEVEL COMMITTEE ON COMPASSIONATE APPOINTMENT
         REPRESENTED BY THE DEPUTY COMMISSIONER
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         BARPETA.
         6:THE DISTRICT DEPUTY REGISTRAR
         COOPERATIVE SOCIETIES
         BARPETA.
         ------------
         Advocate for : MR H R A CHOUDHURY
         Advocate for : GA
         ASSAM appearing for THE STATE OF ASSAM AND 5 ORS



                                   BEFORE
                      HONOURABLE MR. JUSTICE SUMAN SHYAM

                                           ORDER

16.06.2023 Heard Ms. S. Das, learned counsel for the petitioner. Also heard Mr. D. Borah,

learned Govt. Advocate, Assam appearing for the respondent Nos.4 and 5 and

Ms. M. D. Borah, learned Standing Counsel, Cooperation Department, Assam

appearing for the respondent Nos.1, 2, 3 and 6.

The petitioner herein had submitted an application seeking appointment on

compassionate ground against a Grade-III post after the demise of his father.

The application submitted by the petitioner on 18.06.2016 was duly

recommended by the District Level Committee (DLC) in its meeting held on

14.07.2017. However, the recommendation of the DLC was rejected by the

State Level Committee (SLC) on the ground that the father of the petitioner did

not have three years of service left to his credit at the time of his demise. The

aforesaid decision was apparently taken by relying upon Clause-1 of the

Government O.M. dated 01.06.2015.

By referring to the decision of the SLC, Ms. Das submits that Clause1 of the O.M.

dated 01.06.2015 has been set aside by the learned Single Judge of this Court

by judgment and order dated 30.01.2023 passed in connection with WP(C) Page No.# 3/3

No.1646/2021. Although the State has preferred an appeal against the

aforesaid judgment and order dated 30.01.2023, no interim stay has been

granted by the Division Bench. As such, the minutes of the SLC meeting be set

aside and the matter be remanded back for reconsideration.

Mr. Borah, learned Govt. Advocate, Assam submits that similar orders have

been passed in similar writ petitions and therefore, he would have no objection

if an order remanding the matter back to the SLC is passed in the present case

as well.

Same is the stand of the learned Standing Counsel, Cooperation Department.

In view of the above, the resolution of the SLC dated 22.01.2022 qua the writ

petitioner is hereby set aside and the matter is remanded back to the SLC for

taking fresh decision dehors Clause-1 of the O.M. dated 01.06.2015. The

aforesaid decision be taken as expeditiously as possible but not later than six

months from the date of receipt of a certified copy of this order.

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

JUDGE

Comparing Assistant