Gauhati High Court
Sanchayetta Kashyap vs The State Of Assam And 6 Ors on 15 March, 2023
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GAHC010036492023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1340/2023
SANCHAYETTA KASHYAP
(DOB- 10.12.1992) D/O- LT. ARUN THAKUR, R/O- PUB-AMULAPATTY, P.O.
AND P.S. GOLAGHAT, DIST.- GOLAGHAT, ASSAM, PIN- 785621
VERSUS
THE STATE OF ASSAM AND 6 ORS.
REP. BY THE COMM. AND SECY./ SECY./ ADDL. SECRETARY TO THE GOVT.
OF ASSAM, TRANSFORMATION AND DEVELOPMENT DEPTT., DISPUR,
GHY-6, ASSAM
2:THE STATE LEVEL COMMITTEE
DISPUR
REP. BY CHIEF SECRETARY TO THE GOVT. OF ASSAM AS THE CHAIRMAN
DISPUR
GHY-6
ASSAM
3:THE DISTRICT LEVEL COMMITTEE
GOLAGHAT
REP. BY THE DY. COMMISSIONER AS THE CHAIRMAN
GOLAGHAT
ASSAM
4:THE DIRECTOR
DIRECTORATE OF ECONOMICS AND STATISTICS
BELTOLA
GUWAHATI- 28
ASSAM
5:THE DY. DIRECTOR
OFFICE OF ECONOMICS AND STATISTICS
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ASSAM
GOLAGHAT
ASSAM
6:THE COMMISSIONER AND SECRETARY
PANCHAYAT AND RURAL DEVELOPMENT
ASSAM
DISPUR
GHY-6
7:THE PROJECT DIRECTOR
DISTRICT RURAL DEVELOPMENT AGENCY
GOLAGHA
Advocate for the Petitioner : MR S P DAS
Advocate for the Respondent : SC, P AND R.D.
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 15-03-2023
Heard Mr. S.P. Das, learned counsel for the petitioner. Also heard Ms. M.D. Bora,
learned Govt. Advocate, Assam appearing for the respondent Nos. 1 to 5 and Ms. N.
Borah, learned standing counsel, P&RD Department, Assam appearing on behalf of
respondent Nos. 6 and 7.
Aggrieved by non-consideration of her case for appointment on compassionate
ground, the petitioner has approached this Court for the second time by filing the instant
writ petition.
By referring to the resolution dated 16-08-2022 adopted by the State Level
Committee (SLC) Mr. Das submits that the primary ground on which the petitioner's case
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was rejected is on account of the fact that her deceased father had less than 03 years of
service left on the date of his demise. The aforesaid decision was rendered by relying
upon Clause-1 of the office memorandum dated 01-06-2015. Mr. Das submits that by the
judgment and order dated 30-01-2023 rendered by the Single Judge in W.P.(C) No.
1646/2021 and the batch of writ petitions, Clause-1 of the OM dated 01-06-2015 has
been struck down and all matters have been remanded for fresh consideration by the
SLC. Therefore, the petitioner is also seeking a similar relief.
Ms. M.D. Bora, learned Govt. Advocate, Assam and Ms. N. Borah, learned standing
counsel, P&RD Department, Assam have fairly submitted that in view of the judgment
dated 30-01-2023, the petitioner's case will also call for reconsideration.
In view of the above and taking note of the submissions advanced by the learned
counsel for both the sides, the resolution dated 16-08-2022 adopted by the SLC qua the
petitioner is hereby set aside. The matter is remanded back for reconsideration of her
case afresh in the light of the judgment and order dated 30-01-2023 passed by this Court
as well as the attending facts and circumstances of the case.
The exercise be carried out and completed, as expeditiously as possible, but not
later than 06 months from the date of receipt of a certified copy of this order.
Writ petition stands disposed of.
JUDGE
GS
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Comparing Assistant
