Suresh Das vs The State Of Assam And 5 Ors
2023 Latest Caselaw 974 Gua

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GAHC010215692022




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

                          Case No. : WP(C)/6930/2022

         SURESH DAS
         S/O- LATE KESHAB CH. DAS, R/O- VILL.- NITYANANDA PANBARI, MOUZA-
         UTTAR BAJALI, P.S. PATACHARKUCHI, P.O. NITYANANDA, DIST. BAJALI
         (NOW), ASSAM, PIN- 781329.



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM CUM
         CHAIRMAN, STATE LEVEL SELECTION COMMITTEE ON COMPASSIONATE
         GROUND, DISPUR, GUWAHATI-6, ASSAM

         2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
          DEPARTMENT OF PANCHAYAT AND RURAL DEVELOPMENT
          GOVT. OF ASSAM
          DISPUR
          GUWAHATI-6
         ASSAM

         3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
          DEPARTMENT OF PERSONNEL
          PERSONNEL B
         ASSAM
          DISPUR
          GUWAHATI-06.

         4:THE COMMISSIONER

          PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
          ASSAM
          PANJABARI
          GUWAHATI-37.
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            5:THE DEPUTY COMMISSIONER CUM CHAIRMAN
             DISTRICT LEVEL SELECTION COMMITTEE ON COMPASSIONATE
            GROUND
             DIST. BARPETA
            ASSAM
             PIN- 781301.

            6:THE CHIEF EXECUTIVE OFFICER
             BARPETA ZILLA PARISHAD
             BARPETA
             DIST. BARPETA
            ASSAM
             PIN- 781301

Advocate for the Petitioner   : MR. K R PATGIRI

Advocate for the Respondent : GA, ASSAM




                                    BEFORE
                       HONOURABLE MR. JUSTICE SUMAN SHYAM

                                            ORDER

Date : 13/03/2023

Ms. U. Hazarika, 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 the SLC 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 earlier rejected by relying upon the said Office Memorandum has been remanded for reconsideration by the SLC. Ms. Hazarika submits that a similar order be passed in the present case as well.

Mr. J. K. Parajuli, learned Govt. Advocate, Assam as well as Ms. M. Bora, leaned Standing Counsel, Panchayat and Rural Development Department, Assam, have agreed to the Page No.# 3/3

proposition of the learned counsel for the petitioner.

Up on perusal of the judgment and order dated 30.01.2023, I find force in the submission of Ms. Hazarika that the petitioner's case is covered by the judgment of this Court. Accordingly, the resolution of the SLC recorded in the minutes dated 02/08/2022 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

sukhamay

Comparing Assistant