Pranita Goswami vs The State Of Assam And 4 Ors
2023 Latest Caselaw 2071 Gua

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GAHC010099372023




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

                         Case No. : WP(C)/2686/2023

         PRANITA GOSWAMI
         D/O- LATE ANANDA GOSWAMI,
         R/O- VILLAGE BHAGAWATIPARA, RAMPUR, KAMRUP (R), ASSAM, PIN-
         781312



         VERSUS

         THE STATE OF ASSAM AND 4 ORS.
         REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM,
         PUBLIC HEALTH ENGINEERING DEPARTMENT
         DISPUR, GUWAHATI-06

         2:THE DEPUTY COMMISSIONER
          KAMRUP CUM CHAIRMAN
          DISTRICT LEVEL COMMITTEE
          KAMRUP
         AMINGAON
          PIN-781031

         3:THE CHIEF EXECUTIVE ENGINEER

         PUBLIC HEALTH ENGINEERING
         DIVISION 1
         BAMUNIMAIDAM
         GUWAHATI-21

         4:THE EXECUTIVE ENGINEER
          (PHE)
          GUWAHATI DIVISION I
          GUWAHATI-21

         5:THE SUPERINTENDENT ENGINEER
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             (PHE)
             GUWAHATI DIVISION I
             GUWAHATI-2

Advocate for the Petitioner   : MR H BEZBARUA

Advocate for the Respondent : SC, P H E




                                    BEFORE
                       HONOURABLE MR. JUSTICE SUMAN SHYAM

                                          ORDER

Date : 19-05-2023

Heard Mr. K. Kalita, learned counsel for the writ petitioner. Also heard Mr. R.R.

Gogoi, learned standing counsel, PHE Department, Assam appearing for the respondent

Nos. 1 and 3 to 5 as well as Ms. S. Baruah, learned Govt. Advocate, Assam appearing on

behalf of the respondent No. 2.

The petitioner had submitted an application seeking appointment on

compassionate ground after the premature demise of his father on 06-03-2010, who was

serving under the PHE Department in the Boko Sub-Division. The application of the

petitioner was rejected on 12-09-2022 on the ground that her father did not have more

than 03 years of service left in his credit on the date of his death. The aforesaid stand

was apparently been taken by the District Level Committee (DLC) by relying upon Clause-

1 of the OM dated 01-06-2015 wherein, it has been laid down that the deceased must

have atleast 03 years of service left at this credit at the time of his/ her death for the

application for compassionate ground filed by his heirs to be considered. However, the

fact remains that by the judgment and order dated 30-01-2023 passed by the learned Page No.# 3/3

Single Judge in W.P.(C) No. 1646/2022, the Clause- 1 of the OM dated 01-06-2015 has

been set-aside by holding the same as unconstitutional.

Ms. Baruah submits that although the State has preferred an appeal before the

Division Bench against the judgment and order dated 30-01-2023, yet the appeal has

neither been listed nor is there any interim order passed by the Division Bench

suspending the operation of the judgment and order dated 30-01-2023 passed by the

learned Single Judge.

If that be so, the petitioner's application would call for reconsideration by the DLC.

Situated thus, this Court is left with no option but to set aside the resolution of the

DLC, Kamrup at Amingaon dated 12-09-2022 qua the petitioner and remanded the matter

back to the DLC for fresh consideration of the application, in the light of the observation

made here-in-above.

Ordered accordingly.

The aforesaid exercise be carried out and completed as expeditiously as possible

but not later than 06 months from the date of receipt of a certified copy of this order.

With the above observation, this writ petition stands disposed of.

JUDGE GS

Comparing Assistant