Smti Rina Singh Duwarah vs The State Of Assam And 5 Ors
2023 Latest Caselaw 3905 Gua

                                                                Page No.# 1/4

GAHC010210212023




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

                         Case No. : WP(C)/5534/2023

         SMTI RINA SINGH DUWARAH
         W/O LATE PRANJAL DUWARAH, R/O THANA ROAD, DIPHU, P.O.-DIPHU,
         DIST- KARBI ANGLONG, ASSAM

         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
         ASSAM, DISPUR, GUWAHATI-06

         2:THE SECRETARY TO THE GOVERNMENT OF ASSAM
          COOPERATION DEPARTMENT
          DISPUR
          GUWAHATI-6

         3:THE SECRETARY TO THE GOVERNMENT OF ASSAM
          FINANCE DEPARTMENT
          DISPUR
          GUWAHATI-06

         4:THE STATE LEVEL COMMITTEE (SLC)
          REPRESENTED BY THE CHIEF SECRETARY
          GOVERNMENT OF ASSAM
          DISPUR
          GUWAHATI-06

         5:THE PRINCIPAL SECRETARY
          KARBI ANGLONG AUTONOMOUS COUNCIL (KAAC)
          DIPHU
          KARBI ANGLONG
         ASSAM
          PIN-782460

         6:THE ADDITIONAL REGISTRAR OF COOPERATIVE SOCIETIES
                                                                      Page No.# 2/4

              DIPHU
              KARBI ANGLONG
              ASSA

Advocate for the Petitioner   : MR. J I BORBHUIYA

Advocate for the Respondent : GA, ASSAM




                                    BEFORE
                   HON'BLE MR. JUSTICE MICHAEL ZOTHANKHUMA


                                          ORDER

22.09.2023.

1) Heard Mr. JI Borbhuiya, learned counsel for the petitioner, who submits that the petitioner's application for compassionate appointment had been recommended by the District Level Committee (DLC), which resulted in the petitioner being given appointment as a Peon on compassionate ground, vide letter No.25.01.2021, issued by the District Deputy Registrar of Cooperative Societies, Karbi Anglong at Diphu.

2) The said order of appointment had been made after approval had been given on the DLC recommendation by the District Council. Subsequent to the above facts, the petitioner's application for compassionate appointment along with the DLC recommendation was sent to the State Level Committee (SLC) for its approval. The SLC in its meeting minutes dated 02.03.2013, deferred considering the case of the petitioner on the ground that the mother-in-law of the petitioner did not have a balance of a minimum of three years of service, at the time she died and as such, the petitioner could not have been given compassionate appointment in terms of Clause-I of the Office Memorandum Page No.# 3/4

dated 01.06.2015.

3) This Court in its judgment and order dated 30.01.2023, passed in WP(C) No.1646/2021, held that Clause-I of the Office Memorandum dated 01.06.2015, which provides that the dependent family members of a Government official who dies in harness having less than minimum three years of service are not eligible for appointment on compassionate basis, was declared to be unconstitutional, being violative of Article 14. Clause-I of the Office Memorandum dated 01.06.2015 was accordingly struck down.

4) The petitioner's counsel thus prays that the case of the petitioner should be considered by the SLC at the earliest.

5) The learned counsel for the petitioner further submits that the State respondents have stopped paying the salary of the petitioner since August, 2021 though the petitioner is still working in the office of the Assistant/Deputy Registrar of the Cooperative Societies, Karbi Anglong at Diphu.

6) Issue notice returnable in four weeks.

7) Ms. S. Kemprai, learned counsel appears for the respondents No.5 & 6. Ms. M. Bhattacharjee, learned Government Advocate, Assam appear for the respondent No.1 & 4. Ms. Y.A. Kanyak, learned counsel appearing on behalf of Ms. M.D. Bora, learned counsel for respondent No.2 and Ms. R.M. Baruah, learned counsel appearing on behalf of Mr. A. Chaliha, learned counsel appear for the respondent No.3. Necessary extra copies of the petition be furnished to the learned counsels for the respondents.

8) The learned counsel for the respondents submits that the judgment and order dated 30.01.2023, passed in WP(C) No.1646/2021 has been put to challenge in Writ Appeal No.287/2023.

Page No.# 4/4

9) If the petitioner is still found to be working in the office of the Assistant/Deputy Registrar of the Cooperative Societies, Karbi Anglong at Diphu, the petitioner would have to be paid her salary on the principle of quantum merit. Accordingly, the State respondent shall take steps to pay the salary of the petitioner in the meantime, if the petitioner is found to have worked from August, 2021 onwards.

10) List the matter after four weeks to enable the respondents to obtain instructions.

JUDGE

Comparing Assistant