Page No.# 1/3 vs The State Of Assam And 8 Ors
2023 Latest Caselaw 4508 Gua

                                                                 Page No.# 1/3

GAHC010246402023




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

                         Case No. : WP(C)/6424/2023

         GAUTAM SAIKIA AND 2 ORS
         S/O LATE JITEN SAIKIA, R/O NAGAON FOUZDARY PATTY, P.S.-NAGAON
         (SADAR), DIST-NAGAON, ASSAM, PIN-782001

         2: TAPASH KUMAR PAUL
          S/O LATE KAJAL MOHAN PAUL
          R/O WARD NO-4
          RAMKRISHNA NAGAR
          DIST-KARIMGANJ
         ASSAM
          PIN-788166

         3: PRANJAL PRATIM BARUAH
          S/O LATE GOPAL CHANDRA BARUAH
          R/O LACHIT NAGAR
          HATIKHOLA GAON
          MORAN
          P.O.-MORANHAT
          DIST-DIBRUGARH
         ASSAM
          PIN-78567

         VERSUS

         THE STATE OF ASSAM AND 8 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI-6

         2:THE SECRETARY TO THE GOVT. OF ASSAM
          DEPARTMENT OF PERSONNEL (B)
          DISPUR
          GUWAHATI-6

         3:THE 14TH STATE LEVEL SELECTION COMMITTEE
                                                               Page No.# 2/3

             HEADED BY ITS CHAIRMAN
             DISPUR
             GUWAHATI-6

            4:THE DISTRICT LEVEL SELECTION COMMITTEE
             NAGAON
             HEADED BY ITS CHAIRMAN CUM DEPUTY COMMISSIONER
             DIST-NAGAON
            ASSAM
             PIN-782001

            5:THE DISTRICT LEVEL COMMITTEE
             HAILAKANDI
             HEADED BY ITS CHAIRMAN CUM DEPUTY COMMISSIONER
             DIST-HAILAKANDI
            ASSAM
             PIN-788163

            6:THE DISTRICT LEVEL SELECTION COMMITTEE
            TINSUKIA
             HEADED BY ITS CHAIRMAN CUM DEPUTY COMMISSIONER
             DIST-TINSUKIA
            ASSAM
             PIN-786192

            7:THE SUPERINTENDENT OF POLICE
             NAGAON
             DIST-NAGAON
            ASSAM
             PIN-782001

            8:THE SUPERINTENDENT OF POLICE
             HAILAKANDI
             DIST-HAILAKANDI
            ASSAM
             PIN-788163

            9:THE SUPERINTENDENT OF POLICE
            TINSUKIA
             DIST-TINSUKIA
            ASSAM
             PIN-78619

Advocate for the Petitioner   : MR S N ADHYAPAK

Advocate for the Respondent : GA, ASSAM
                                                                                         Page No.# 3/3




                                        BEFORE
                         HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                              ORDER

Date : 06.11.2023

It is stated by the petitioner that his application for seeking appointment under compassionate scheme which was submitted pursuant to the demise of his father who was working as AB constable has been rejected by the SLC on the ground that the father of the petitioner had less than three years balance service which condition is mentioned in the OM dated 01.06.2015. It is submitted that the Coordinate Bench by the judgment and order dated 30.01.2023 passed in WP(C) 1646/2021 and other connected writ petitions has interfered and set aside the said Clause- 1 of the Office Memorandum dated 01.06.2015.

Under such circumstance, the petitioner's case be considered by remanding back to the SLC for a fresh consideration.

Ms. M. Bhattacharjee, learned Government Advocate submits that against the said order by the Coordinate Bench, an appeal has been preferred. However, she prays for some time to apprise the Court regarding the status of the appeal.

List this matter on 10.11.2023.

JUDGE

Comparing Assistant