Little Saharia vs The State Of Assam And 5 Ors
2023 Latest Caselaw 973 Gua

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GAHC010214372022




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

                             Case No. : WP(C)/6890/2022

         LITTLE SAHARIA
         S/O- LT. TARUN CH. SAHARIA, R/O- VILL- ADHAMAPARA, P.S.
         MANGALDAI, DIST.- DARRANG (ASSAM), PIN- 784125



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM CUM CHAIRMAN,
         STATE LEVEL SELECTION COMMITTEE ON COMPASSIONATE
         APPOINTMENT, DISPUR, GHY-6, ASSAM

         2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
          PERSONAL (B) DEPTT.
          DISPUR
          GHY-6
         ASSAM

         3:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
          DEPTT. OF FISHERIES
         ASSAM
          DISPUR
          GHY-6

         4:THE DIRECTOR
          FISHERIES DEPTT.
         ASSAM
          GOPINATHNAGAR
          GHY-16

         5:THE DY. COMMISSIONER CUM CHAIRMAN
          DISTRICT LEVEL SELECTION COMMITTEE ON COMPASSIONATE
         APPOINTMENT
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             DARRANG
             MANGALDAI
             ASSAM
             PIN- 784125

            6:THE DISTRICT FISHERIES DEVELOPMENT OFFICER
             MANGALDAI
             DIST.- DARRANG
            ASSAM
             PIN- 78412

Advocate for the Petitioner   : MR. K R PATGIRI

Advocate for the Respondent : GA, ASSAM




                                    BEFORE
                       HONOURABLE MR. JUSTICE SUMAN SHYAM

                                             ORDER

13.03.2023 Mr. K. R. Patgiri, learned counsel for the petitioner submits that the issue involved

in this writ petition is pertaining to the claim of the petitioner for appointment on

compassionate ground which prayer was rejected by the State Level

Committee (SLC) on the ground that the petitioner's father did not have three

years of service left at the time of his death. Such a view was expressed by

relying upon Clause-1 of the Office Memorandum dated 01.06.2015. However,

by the judgment and order dated 30.01.2023 passed by the learned Single

Judge in WP(C) No.1646/20221 and the batch of connected writ petitions,

Clause-1 of the Office Memorandum dated 01.06.2015 has been struck down

and the applications rejected by relying upon the said Office Memorandum

has been remanded for reconsideration by the SLC. Mr. Patgiri submits that a

similar order be passed in the present case as well.

Mr. J. K. Parajuli, learned Govt. Advocate, Assam has agreed to the proposition Page No.# 3/3

made by the learned counsel for the petitioner.

In view of the above and on perusal of the judgment and order dated

30.01.2023, I find force in the submission of Mr. Patgiri that his case is covered by

the aforesaid judgment of this Court. Accordingly, the resolution of the SLC

recorded in the minutes dated 03.09.2022 qua the writ petitioner is hereby set

aside. The matter is remanded back to the SLC for a fresh consideration of his

case for appointment on compassionate ground in the light of the decision of

the learned Single Judge as referred to herein above.

The writ petition stands disposed of accordingly.

JUDGE

Comparing Assistant