Gauhati High Court
Ranjan Kumar Choudhury vs The State Of Assam And 3 Ors on 8 May, 2023
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GAHC010090352023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2368/2023
RANJAN KUMAR CHOUDHURY
S/O- LATE RUHINI KUMAR CHOUDHURY,
R/O- VILLAGE UPAHUPARA,
P.O AND P.S- MANGALDAI,
DIST- DARRANG, ASSAM, PIN-784012
VERSUS
THE STATE OF ASSAM AND 3 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
HOME DEPARTMENT, DISPUR, GHY-06
2:THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
CUM CHAIRMAN STATE LEVEL COMMITTEE
DISPUR
GUWAHATI-06
3:THE DEPUTY COMMISSIONER
CUM CHAIRMAN DISTRICT LEVEL COMMITTEE
(DLC) DARRANG
MANGALDAI
4:THE EXECUTIVE ENGINEER
PWD RURAL ROADS
MANGALDA
Advocate for the Petitioner : MR. D BORAH
Advocate for the Respondent : GA, ASSAM
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BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
08.05.2023
Heard Mr. D. Borah, the learned counsel for the petitioner and Ms. S.
Baruah, the learned counsel appearing on behalf of the respondent Nos.1
to 3 as well as Mr. R. Dhar, the learned counsel appearing on behalf of the
Public Works Department.
2. The instant writ petition is taken up for disposal at the motion stage
in as much as the issue involved herein has already been adjudicated
upon by this Court in its judgment and order dated 30.01.2023 in the case
of Bhaskar Konwar vs. State of Assam & 4 Others , reported in 2023 SCC
OnLine Gau 1321 wherein this Court had held that the Clause-1 of the
Office Memorandum dated 01.06.2015 whereby the dependants family
members of Government officials who died in harness having less than
minimum of 3 years of service being not eligible as per the Office
Memorandum is unconstitutional being violative of Article 14 of the
Constitution, and accordingly, the same was struck down to that extent.
3. It is the case of the petitioner herein that the claim of the petitioner
for compassionate appointment upon the death of his father was rejected
by the State Level Committee in its meeting held on 16.08.2022 on the
ground that his father had less than 3 years balance service at the time of
his death.
4. Taking into account the Clause-1 of the Office Memorandum dated
01.06.2015, as indicated herein above, has already been struck down to
be unconstitutional being violative of Article 14 of the Constitution, this
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Court, therefore, disposes of the instant writ petition thereby directing the
State Level Committee to reconsider the case of the petitioner keeping in
mind the object behind the scheme for compassionate appointment, the
provisions of the Office Memorandum dated 01.06.2015 including the ten
principles as set out in the said Office Memorandum.
5. This Court further directs that the said exercise be carried out
without insisting upon the compliance to Clause-1 of the Office
Memorandum dated 01.06.2015 in the next State Level Committee
meeting which follows after a certified copy of the instant order is served
upon the concerned Departmental Head as well as the Chairman of the
State Level Committee.
6. The petitioner is directed to do the needful within 30(thirty) days
from today.
JUDGE
Comparing Assistant
