Kriti Patir @ Kirti vs The State Of Assam And 4 Ors
2023 Latest Caselaw 2236 Gua

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GAHC010064662023




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

                          Case No. : WP(C)/1685/2023

         KRITI PATIR @ KIRTI
         S/O- KAMAL PATIR,
         R/O- MOWKHOWA,
         P.O.- JALBHARI,
         P.S.- DHAKUAKHANA,
         DIST. DHEMAJI, ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM,
         IRRIGATION DEPARTMENT,
         SACHIVALAYA, DISPUR, ASSAM- 781006.

         2:THE CHIEF ENGINEER
          IRRIGATION DEPARTMENT
          CHANDMARI
          GUWAHATI
         ASSAM.

         3:THE EXECUTIVE ENGINEER
          DHEMAJI IRRIGATION DIVISION
          DIST.- DHEMAJI
         ASSAM.

         4:THE DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE
         APPOINTMENT
          REPRESENTED HEREIN BY THE DEPUTY COMMISSIONER
          DHEMAJI

         ASSAM
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             787057.

            5:THE STATE LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT
             REPRESENTED HEREIN BY THE CHIEF SECRETARY TO THE GOVT. OF
            ASSAM

            SACHIVALAYA
            DISPUR
            GUWAHATI-06

Advocate for the Petitioner   : MR. D GOGOI

Advocate for the Respondent : SC, IRRIGATION




                                    BEFORE
                       HONOURABLE MR. JUSTICE SUMAN SHYAM

                                           ORDER

Date : 29-05-2023

Heard Mr. D. Gogoi, learned counsel for the writ petitioner. Also heard Mr. A.

Chakraborty, learned Govt. Advocate, Assam as well as Mr. N. Upadhyay, learned standing

counsel, Irrigation Department, Assam appearing for the official respondents.

The writ petitioner had submitted an application seeking appointment on

compassionate ground, which was also recommended by the DLC, Dhemaji in its meeting

held on 29-04-2017. However, the SLC had rejected the application submitted by the

petitioner on the ground that at the time of death of the deceased Govt. employee, i.e.

the father of the petitioner, he was left with less than 03 years of service at his credit. The

aforesaid stand was taken by the SLC by placing reliance on Clause-I of the OM dated 01-

06-2015.

Mr. Gogoi submits that Clause-I of the OM dated 01-06-2015 has been set aside by Page No.# 3/3

the learned Single Judge vide judgment and order dated 30-01-2023 passed in W.P.(C)

No. 1646/2021, pursuant where-to, several matters of similarly situated candidates have

been remanded by this Court for fresh consideration by the SLC.

Mr. A. Chakraborty, learned Govt. Advocate, Assam submits that although an appeal

has been preferred before the Division Bench against the judgment and order dated 30-

01-2023 passed by the learned Single Judge, yet, there is no stay order passed by the

Division Bench. It is not in dispute that the cases of similarly situated applicants have

been remanded back for fresh consideration in the light of the judgment and order dated

30-01-2023 passed by the learned Single Judge. The learned Govt. Advocate also could

not make any other submission to show that a different approach is required to be

adopted in this case.

Situated thus, the resolution of the SLC dated 15-09-2021, qua the writ petitioner

is hereby set aside. The matter is remanded back to the SLC for fresh consideration of the

recommendation dated 29-04-2017 of the DLC, Dhemaji issued in favour of the petitioner

on its own merit for appointment on compassionate ground.

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

JUDGE GS

Comparing Assistant