Pranjal Saikia vs The State Of Assam And 5 Ors
2023 Latest Caselaw 1236 Gua

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GAHC010013972022




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

                             Case No. : WP(C)/518/2022

         PRANJAL SAIKIA
         S/O. LT. RAJANI SAIKIA, VILL. KHALOIATI, P.O. MISSA, DIST. NAGAON,
         ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM,
         IRRIGATION DEPTT., DISPUR, GUWAHATI-781006.

         2:THE COMMISSIONER AND SECY.
         TO THE GOVT. OF ASSAM
          IRRIGATION DEPTT.
          DISPUR
          GUWAHATI-781006.

         3:THE CHIEF SECRETARY
         TO THE GOVT. OF ASSAM CUM CHAIRMAN
          STATE LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT
          DISPUR
          GUWAHATI-06.

         4:THE CHIEF ENGINEER

          IRRIGATION
          ASSAM
          CHANDMARI
          GUWAHATI-781003.

         5:THE DISTRICT LEVEL COMMITTEE
          REP. BY THE DEPUTY COMMISSIONER
          NAGAON
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             ASSAM
             P.O. AND DIST. NAGAON PIN-782001.

            6:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
            ASSAM
             PERSONNEL DEPARTMENT
             DISPUR
             GUWAHATI
            ASSAM

Advocate for the Petitioner     : MR F A LASKAR

Advocate for the Respondent : SC, IRRIGATION




                                    BEFORE
                       HONOURABLE MR. JUSTICE SUMAN SHYAM

                                           ORDER

27.03.2023 Heard Mr. F. A. Laskar, learned counsel for the petitioner. Also heard Mr.

D. Borah, learned Government Advocate, Assam appearing on behalf of the

respondent Nos.3, 4 and 5. None has appeared for the Irrigation Department,

although the name of the learned Standing Counsel has been duly reflected in

the Cause List.

The writ petitioner herein is aggrieved by rejection of his case for

appointment on compassionate ground. It appears that the petitioner is the son

of a Government servant who had died in harness. By resolution dated

14.12.2016 the District Level Committee (DLC), Nagaon had recommended his

case for appointment to the post of Section Assistant on compassionate

ground. However, the State Level Committee (SLC) by resolution dated

15.09.2021 had rejected the prayer of the petitioner on the ground that the

deceased employee had less than three years of service left at the time of his Page No.# 3/3

death. The aforesaid decision of the SLC was apparently based on Clause-1 of

the Office Memorandum dated 01.06.2015 which lays down such a criteria.

However, it has been brought to the notice of this Court that by

the judgment and order dated 30.01.2023 passed by this Court in WP(C)

No.1646/2021 and the batch of connected writ petitions, Clause-1 of the Office

Memorandum dated 01.06.2015 has been struck down by holding the same to

be unconstitutional and all matters earlier rejected by relying upon the said

Office Memorandum have been remanded for reconsideration. The petitioner's

counsel submits that his client's case is covered under the said judgment of this

Court and therefore, the petitioner's application for compassionate

appointment also calls for reconsideration by the SLC.

Mr. D. Borah, learned Govt. Advocate, Assam has also fairly agreed to

the said proposition.

In view of the above, the impugned resolution of the SLC dated

15.09.2021 qua the writ petitioner is hereby set aside. The matter is remanded

back to the SLC to consider the case of the petitioner afresh on the merit.

The writ petition stands closed.

JUDGE

Comparing Assistant