Nayan Jyoti Borah vs The State Of Assam And 4 Ors
2023 Latest Caselaw 3903 Gua

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GAHC010071842023




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

                            Case No. : WP(C)/1924/2023

         NAYAN JYOTI BORAH
         S/O- LATE RAMESWAR BORAH,
         R/O- KHARAGORUA PATH,
         INDRA PRASTHA NAGAR,
         P.O.- RRL, DIST.- JORHAT, PIN- 785006, ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE SECRETARY, GOVT. OF ASSAM,
         ANIMAL HUSBANDRY AND VETERINARY DEPT.,
         DISPUR, GUWAHATI- 781006.

         2:THE STATE LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT
         (SLC)
          REPRESENTED BY THE CHIEF SECRETARY

         GOVT. OF ASSAM

         DISPUR
         GUWAHATI- 781006.

         3:THE DIRECTOR OF ANIMAL HUSBANDRY AND VETERINARY DEPT.
         ASSAM
          CHENIKUTHI
          GUWAHATI- 781003.

         4:THE DISTRICT LEVEL COMMITTEE
          REPRESENTED BY THE DEPUTY COMMISSIONER
          JORHAT DISTRICT

         ASSAM
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             PIN- 785001.

            5:THE JOINT DIRECTOR OF ANIMAL HUSBANDRY AND VETERINARY
            DEPT.
             UPPER ASSAM ZONE
             JORHAT
             DIST- JORHAT
            ASSAM

            PIN- 785001

Advocate for the Petitioner   : MR. B CHETRI

Advocate for the Respondent : SC, A.H and V. DEPT.




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                          ORDER

22.09.2023

Ms. M. Bhattacharjee, learned Government Advocate for the State respondents submits that a challenge has been made to the judgment and order dated 30.01.2023 passed in WP(C) No.1646/2021 & WP(C) No.7947/2019, vide WA No.287/2023. She further submits that in terms of the various judgments of the Supreme Court, the latest being Civil Rule No.624/2017 (Bank of Boroda & Othes vs. Baljit Singh) which was disposed of on 21.06.2023, the Office Memorandum which was prevailing at the time of death of the Government servant would have to be considered, while deciding whether the applicant should be appointed on compassionate ground. As the petitioner's father had died in the year 2011, the O.M. dated 01.06.2015 could not be applied, while considering the compassionate appointment application of the petitioner.

She further submits that in terms of the judgment of the Apex Court in N.C. Santhosh vs. State of Karnataka & Others, reported in (2020) 7 Page No.# 3/3

SCC 617, the Office Memorandum prevailing at the time of consideration of the application for compassionate appointment would have to be applied. However, in the present case, the District Level Committee (DLC) having considered the petitioner's application in the year 2013, O.M. dated 01.06.2015 would also not be applicable.

List the matter after 2 (two) weeks.

JUDGE

Comparing Assistant