Khanindra Das vs The State Of Assam And 4 Ors
2023 Latest Caselaw 2029 Gua

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GAHC010103702023




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

                                 Case No. : WP(C)/2655/2023

            KHANINDRA DAS
            S/O LT. SUREN CHANDRA DAS R/O VILL. BARHANTI MONIARI
            JHAROBORI P.S PALASHBARI KAMRUP ASSAM



            VERSUS

            THE STATE OF ASSAM AND 4 ORS.
            REP .BY THE CHIEF SECRETARY GOVT. OF ASSAM CUM CHAIRMAN
            STATE LEVEL COMMITTEE OF SELECTION OF COMPASSIONATE
            APPOINTMENT GOVT OF ASSAM DISPUR GUWAHATI 6

            2:THE COMMISSIONER AND SECRETARY
             DEPTT. OF PUBLICT WORKS DEPTT. GOVT. OF ASSAM DISPUR
            GUWAHATI 6

            3:THE CHIEF ENGINEER
             PUBLIC WORKS DEPTT. CHANDMARI GUWAHATI 1

            4:THE DEPUTY COMMISSIONER CUM CHAIRMAN
             DIST. LEVEL COMMITTEE KAMRUP M GUWAHATI 1

            5:THE EXECUTIVE ENGINEER
             PUBLIC WORKS DEPTT. BUILDING DIVISION II DISPUR GUWAHATI

Advocate for the Petitioner   : MR. U K BARMAN

Advocate for the Respondent : SC, PWD




                                    BEFORE
                       HONOURABLE MR. JUSTICE SUMAN SHYAM
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                                         ORDER

Date : 17-05-2023

Heard Mr. H. Ali, learned counsel appearing for the writ petitioner. Also heard Ms. S.

Baruah, learned Govt. Advocate, Assam appearing for the respondent Nos. 1 and 4 and

Mr. B. Gogoi, learned standing counsel, PWD appearing for the respondent Nos. 2 and 3.

The application submitted by the petitioner on 26-11-2012 seeking appointment on

compassionate ground, which was forwarded by the DLC, was finally rejected by the SLC

on 10-02-2022 on the ground that the father of the petitioner, i.e. the deceased employee

had less than 03 years of service at his disposal at the time of his death. The aforesaid

decision is apparently based on Clause- 1 of the OM dated 01-06-2015, which has been

set aside by the learned Single Judge by the judgment and order dated 30-01-2023

passed in W.P.(C) No. 1646/2021 wherein, it has been held that Clause 1 of the OM dated

01-06-2015 is unconstitutional. It has been pointed out that several writ petitions have

been remanded back to the SLC for reconsideration after the judgment of the learned

Single Judge setting aside the OM dated 01-06-2015 was passed.

Ms. Baruah submits that a writ appeal has already been preferred against the

judgment and order dated 30-01-2023 passed by the learned Single Judge but she also

admits that the appeal has not yet been listed nor is there any stay order granted by the

Division Bench.

Under the circumstances, this Court is left with no option but to set aside the

resolution dated 10-02-2022 qua the writ petitioner and remand the matter back to the Page No.# 3/3

SLC for fresh consideration of the application in the light of the observation made

hereinabove.

Writ petition stands disposed of.

JUDGE GS

Comparing Assistant