Page No.# 1/9 vs Papari Barman And 2 Ors
2025 Latest Caselaw 867 Gua

Gauhati High Court

Page No.# 1/9 vs Papari Barman And 2 Ors on 5 June, 2025

Author: Manash Ranjan Pathak

Bench: Manash Ranjan Pathak

                                                                  Page No.# 1/9

GAHC010087642024




                                                           2025:GAU-AS:7351

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

                        Case No. : I.A.(Civil)/1350/2024

         DIRECTOR OF EMPLOYMENT AND CRAFTSMAN TRAINING AND ANR
         GUWAHATI-08, REHABARI, ASSAM

         2: SUPERINTENDENT SKILL AND EMPLOYMENT AND ENTERPREUNOR
         DEPARTMENT
          INDUSTRIAL TRAINING INSTITUTE
          BARPETA-781301

         VERSUS

         PAPARI BARMAN AND 2 ORS
         W/O- LATE PRAFULLA BARMAN, R/O- NARUWA, VILL.- BALIJAN
         CHARIALI, P.S. AND P.O. MUKALMUA, DIST. NALBARI, ASSAM

         2:THE STATE OF ASSAM

          REP. BY CHIEF SECRETARY OF GOVERNMENT OF ASSAM
          DISPUR-06.

         3:THE ACCOUNTANT GENERAL
          MAIDAMGAON
          BELTOLA
          GUWAHATI-781029
         ASSAM

         4:THE COMMISSIONER/SECRETARY
          SKILL
          EMPLOYMENT AND ENTREPRENEURSHIP DEPARTMENT

          GOVERNMENT OF ASSAM
          DISPUR
          GUWAHATI-06.

         5:THE COMMISSIONER/SECRETARY
                                                                       Page No.# 2/9

             SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT

             GOVERNMENT OF ASSAM
             DISPUR
             GUWAHATI-06.

            6:THE DIRECTOR OF SOCIAL JUSTICE AND EMPOWERMENT

             BELTOLA
             GUWAHATI.

            7:THE COMMISSIONER/SECRETARY

             FINANCE DEPARTMENT OF THE STATE OF ASSAM

Advocate for the Petitioner   : MR S P DAS,

Advocate for the Respondent : MR. B GOGOI,SC,FINANCE DEPARTMENT, ASSAM., MR P
NAYAK, SC, FINANCE DEPTT. (R-7),MR. C SHARMA, SC, DEPTT. (R-5&6) OF SOCIAL
JUSTICE & EMPOWERMENT


             Linked Case : WP(C)/714/2022

            PAPARI BARMAN
            W/O- LATE PRAFULLA BARMAN
             R/O- NARUWA
            VILL.- BALIJAN CHARIALI
             P.S. AND P.O. MUKALMUA
             DIST. NALBARI
            ASSAM


             VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REP. BY CHIEF SECRETARY OF GOVERNMENT OF ASSAM
            DISPUR-06.

            2:THE ACCOUNTANT GENERAL
            MAIDAMGAON
             BELTOLA
             GUWAHATI-781029
            ASSAM

            3:DIRECTOR OF EMPLOYMENT AND CRAFTSMAN TRAINING
            GUWAHATI-08
                                                                                      Page No.# 3/9

               REHABARI
               ASSAM

                4:SUPERINTENDENT SKILL AND EMPLOYMENT AND ENTERPREUNOR
               DEPARTMENT
               INDUSTRIAL TRAINING INSTITUTE
                BARPETA-781301.

               5:COMMISSIONER AND SECRETARY FINANCE DEPARTMENT

               GOVERNMENT OF ASSAM.
               ------------
               Advocate for : MR MINTU SAIKIA
               Advocate for : GA
               ASSAM appearing for THE STATE OF ASSAM AND 3 ORS



                                     BEFORE
                   HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

                                               ORDER

05.06.2025

Heard Mr. S. P. Das, learned standing counsel for the Skill, Employment & Entrepreneurship Department, Government of Assam for the applicant and Mr. M. Saikia, learned counsel for the opposite party No.1/writ petitioner. Also heard Mr. R. Talukdar, learned Government Advocate, Assam for the opposite party No. 2; Mr. R. K. Talukder, learned Standing Counsel, A.G., Assam; Mr. C. Sharma, learned Standing Counsel, Department of Social Justice and Empowerment for the opposite party No. 4 and Mr. B. Gogoi, learned Standing Counsel, Finance for the opposite party No. 5.

2. By order dated 28.02.2025, we called for the record bearing No. SKE.93/2017 in original from the Commissioner/Secretary Skill, Employment & Entrepreneurship Department/opposite party No. 4.

3. By the same order dated 28.02.2025, the applicant was directed to place the record of the file bearing No. DET(E)111/2015 in original.

4. On 09.06.2005, the Director of Social Welfare, Assam issued an advertisement inviting applications from intending and eligible physically disabled candidates to fill up 662 Nos. of Page No.# 4/9

backlog vacancies in Grade III & Grade IV posts in different departments of the Government of Assam.

5. 106 numbers of petitioners, including the husband of the petitioner Prafulla Barman at Serial. No. 48 in WP(C) No. 1424/2011 (Bhupen Bhuyan & 105 others Vs. The State of Assam and others) and 7 numbers of petitioners in WP(C) No. 3994/2011, (Ms. Ranju Deka and 6 others Vs. The State of Assam and others) who were all recommended by the District Level Selection Committees for such Grade III & Grade IV posts under the Persons with Disabilities (PWD) quota, as their names were not found in the final state level select list recommended by the State Level Committee; being aggrieved, preferred the writ petitions, noted above.

6. By a common judgment dated 23.04.2015 passed in WP(C) Nos. 1424/2011 and 3494/2011, a Co-ordinate Bench of this Court disposed of those two writ petitions with the following observations-

"In this case what transpires is that a recruitment drive was carried out in the year 2005-06 to fill up 662 backlog vacancies in Gr-III and IV. These vacancies therefore obviously pertained to previous years i.e, prior to the year 2005-06. Even in this drive, 134 of the backlog vacancies could not be filled up. It appears that since the year 2005-06 no review has been carried out by the State regarding identification of posts earmarked to be filled up by persons with disability or to update the list so prepared. In such circumstances, when admittedly petitioners could not be appointed because of anomalies in the selection process particularly at the time of preparation of state level select list, Court is of the view that it would meet the ends of justice if a direction is issued to the respondents to appoint the petitioners in the available vacancies relatable to the recruitment drive carried out in the year 2005-06. Naturally, these vacancies are available in the different departments, the list of which is available with the Social Welfare Department.

Ordered accordingly.

Keeping in view the mandate of the Persons with Disabilities Act, all the concerned administrative departments shall cooperate with the Social Welfare Department in ensuring that petitioners are suitably accommodated against the indentified posts in the respective departments. The Social Welfare Department being the nodal department shall verify the position of the petitioners vis a vis the selection process and proceed with their appointment in terms of their position.

Let the above exercise be carried out within a period of 4 (four) months from the date of receipt of a certified copy of this order.

Both the writ petitions are accordingly allowed."

7. After receipt of the common judgment and order dated 23.04.2015 passed in WP(C) No. 1424/2011 and WP(C) No. 3494/2011 by the Co-ordinate Bench of this Court to comply with the Page No.# 5/9

said direction of the Court dated 23.04.2015, the State Government in the Social Welfare Department by its letter No. SWD.146/2011/222 dated 12.08.2015 wrote to the Secretary, Government of Assam in the Labour Department, informing that out of 134 Nos. of backlog posts still to be filled up, 14 Nos. of Grade III posts and 8 Nos. of Grade IV posts are shown as available backlog vacancies under the Labour Department. As such the Secretary to the Social Welfare Department forwarded the names of the petitioners of those two writ petitions, including the husband of the petitioner, for their accommodation against those 14 Nos. of posts of Grade III and 8 Nos. of posts of Grade IV directing the said authority to comply with the order of the Court dated 23.04.2015, with further information that the same has the approval of the Commissioner, Secretary, Social Welfare Department.

8. The said letter of the Social Welfare Department dated 12.08.2015 was received by the Labour Department of the State on 14.08.2015.

9. On 20.08.2015, by its letter No. GLR.156/2015/17, the Labour & Employment Department of the State forwarded the said request of the Social Welfare Department, Assam to the Director of Employment & Craftsmen Training, Assam, Rehabari, Guwahati and it was received by the said Directorate on 21.10.2015; wherein, the concerned directorate was directed to furnish the existing vacancies reserved for physically handicapped category for Grade III & IV in its establishment within 25.08.2015.

10. On 29.08.2015, the Labour and Employment Department of the State vide letter No. GLR.156/2015/18 wrote to the Director of Employment & Craftsmen Training, Assam for compliance of this Court's order dated 23.04.2015 passed in WP(C) Nos. 1424/2011 and 3494/2011.

11. By communication dated 31.12.2015 under No. GLR.156/2015/35, the Labour & Employment Department of the State informed the Director of Employment & Craftsmen Training, Assam about Government's approval with regard to the appointment of the husband of the petitioner, i.e., Prafulla Barman and others under Grade-IV [Five in Grade III and three in Grade IV posts] under the category reserved for differently abled persons; directing the said Directorate to take necessary action as per Finance Department Office Memorandum No. FSI-V/2005/Vol.- VI/76 dated 30.03.2012 by following all norms and procedures, indicating further that the same has the approval of the Chief Minister of the State.

Page No.# 6/9

12. On 31.01.2016, the Director of Employment & Craftsmen Training, Assam informed the State Government in Labour & Employment Department, Assam that as on the said date, only one vacancy in the Grade IV under the Employment Wing (Field Office) was available under the physically handicapped quota.

13. By communication dated 15.12.2016 under No. GLR.156/2015/37, the Labour & Employment Department of the State directed the Director of Employment & Craftsmen Training, Assam to submit the detailed proposal for filling up of four numbers of Grade IV posts under the Persons with Disability category, with reference to its earlier letters of 31.12.2015.

14. It is seen from the records that as on January 2016 at Headquarter level, out of 34 (thirty four) posts of Grade IV, 22 (twenty two) persons were working and 12 (twelve) were vacant and in the Field Level Offices, Employment Wing, out of 197 Grade IV posts, 177 persons were found working and 20 (twenty) were vacant. As such 12 (twelve) + 20 (twenty) = 32 (thirty two) posts of Grade IV were vacant under the Director of Employment & Craftsmen Training, Assam.

15. In compliance of the said order of the Court dated 23.04.2015, the State Government in the Health & Family Welfare Department appointed 46 (forty six) persons by its approval dated 28.11.2016 and in that regard appointment orders were issued on 06.12.2016.

16. The Director of Employment & Craftsmen Training, Assam by communication No. DET(E)A- 111/2015/64 dated 18.02.2017 forwarded the Format-I & II for filling up of three Grade IV posts lying in three different districts of the State, proposing to be fill up by persons from PwD category in compliance of the High Court's order dated 23.04.2015.

17. On 20.02.2017, the husband of the petitioner submitted a representation before the Director of Employment & Craftsmen Training, Assam. On 22.02.2017, similar representation as well as reminder was submitted by the husband of the petitioner before the Director of Employment & Craftsmen Training, Assam.

18. The Director of Employment & Craftsmen Training, Assam by communication No. DET(E)A- 111/2015/155 dated 16.11.2017 forwarded the Format-I & II for filling up of three Grade IV posts lying in three ITIs of the State proposed to be filled up by persons from PWD category in compliance of the High Court's order dated 23.04.2015, referring its earlier letter dated 18.02.2017.

Page No.# 7/9

19. In reply to the Skill, Employment & Entrepreneurship Department of the Government of Assam's letter dated 13.07.2018, the Director of Employment & Craftsmen Training, Assam in the Skill Employment & Entrepreneurship Department by its letter No. DET(E)A-111/2015/328 dated 17.07.2018 informed the Government about the tentative vacancy position of Grade IV posts for Persons with Disability in the prescribed format, indicating five vacancies in Grade IV posts under the PwD category.

20. The State Government in the Skill, Employment & Entrepreneurship Department vide letter No. SKE.93/2017/34 dated 03.08.2018, in reference to the letter of the Director of Employment & Craftsmen Training, Assam under No. DET(E)A-111/2015/64 dated 18.02.2017 gave its approval for appointment of the petitioner's husband Prafulla Barman and two others under PwD category, who were sponsored by the Social Welfare Department; in compliance of the order of the Court dated 23.04.2015 passed in said WP(C) Nos. 1424/2011 and 3494/2011, indicating that such appointment has the approval of the Finance (SRE) Department on 27.07.2018. Said letter dated 03.08.2018 of the Skill, Employment & Entrepreneurship Department was received by the Director of Employment & Craftsmen Training, Assam on 06.08.2018. However, the said Directorate officially recorded its receipt on 07.08.2018 vide No. 2189.

21. On 05.09.2018, by letter No. DET(E)A-111/2015/338 the Director of Employment & Craftsmen Training, Assam wrote to the Inspector General of Police (Special Branch) for police verification reports of the husband of the petitioner and two others and also sent a reminder on 24.12.2018 for such police verification reports.

22. It is seen from the records that the Deputy Superintendent of Police SB, Assam by its communication No. SBI.IX/5/15/ 2018/88 dated 01.10.2018, informed the Director of Employment & Craftsmen Training, Assam that there is nothing adverse against the husband of the petitioner, either criminally or politically, rendering him unsuitable for employment works in government service; who is an Indian citizen by birth.

23. The same was received by the Office of Director of Employment & Craftsmen Training, Assam on 27.12.2018.

24. The Director of Employment & Craftsmen Training, Assam vide letter No. DET(E)A- 111/2015/433 dated 22.01.2021 appointed the petitioner as a Grade IV employee in the ITI, Barpeta under the Persons with Disabilities (PwD) category in compliance of the order dated Page No.# 8/9

23.04.2015 passed by this Court in WP(C) Nos. 1424/2011 and 3494/2011.

25. Pursuant to the said appointment order dated 22.01.2019, noted above, the husband of the petitioner joined his service on 22.01.2019. But, he died in harness on 03.07.2019.

26. It is to be noted herein that the committee, constituted by the Government on 06.12.2010, in its meeting held on 15.02.2011 presided by the Director of Social Welfare Department with four other members and Member Secretary, came to the finding that out of 134 posts (55 Grade III + 79 Grade IV = 134 posts) that are vacant for filling up of backlog unfilled vacancies under the PwD category and 22 Nos. of posts belongs to Labour Department of the State, out of which 14 are for Grade III and 8 are for Grade IV.

27. Further, in the meeting held on 30.12.2017 under the Chairmanship of Principal Secretary, Social Welfare Department, the authorities of the Social Welfare Department gave stress to comply with the directions of the common order dated 23.04.2015 passed by this Court in WP(C) Nos. 1424/2011 and 3494/2011 to work out as to the possibility of accommodating and adjusting the left out persons from the forwarded list of PwD candidates.

28. As noted above, the Court by its common order dated 23.04.2015 passed in WP(C) Nos. 1424/2011 and 3494/2011 directed to complete the exercise within a period of 4 (four) months and the State authorities including the Skill, Employment & Entrepreneurship Department, Government of Assam as well as the Director of Employment & Craftsmen Training, Assam did not seek any leave of the Court for extension of time to comply with the direction of the Court dated 23.04.2015 passed in WP(C) Nos. 1424/2011 and 3494/2011.

29. It is abundantly clear from the above that the respondent authorities without the fault of the husband of the petitioner, delayed his appointment as Grade IV under the PwD quota in spite of the vacancies, violating the order of the Court dated 23.04.2015 passed WP(C) Nos. 1424/2011 and 3494/2011, whereby official respondents were directed to complete the entire exercise of appointment under the PwD quota within 4 (four) months. Though the Labour Department/Skill, Employment & Entrepreneurship Department, Government of Assam as well as the Director of Employment & Craftsmen Training, Assam under the Skill, Employment & Entrepreneurship Department of the State way back on August 2015 itself were aware of the said direction dated 23.04.2015 of the Court, noted above, from the communication of the Social Welfare Department, Assam; but the respondent authorities appointed the husband of the petitioner only on Page No.# 9/9

22.01.2021.

30. On failure on the part of the official respondents/authorities, including the applicant, as noted above, to comply with the directions of the Court, that too within the time that was specified by the Court, this Court is of the opinion that the writ petitioner should not suffer.

31. Had the husband of the petitioner Prafulla Barman been appointed within time, he would have rendered service for more than a year and the writ petitioner would have got all the benefits of pension as well as the benefits under the Die in Harness Scheme.

32. For the reasons above, this Court is of the opinion that this interlocutory application, being devoid of merit, does not call for any such alteration/modification of the order dated 31.08.2023 passed in the connected WP(C) No. 714/2022, preferred by the opposite party No. 1 as writ petitioner.

33. Accordingly, this interlocutory application stands dismissed.

34. Return the records bearing File Nos. (i) SKE.93/2017 of the Skill, Employment & Entrepreneurship Department, Government of Assam and (ii) DET(E)111/2015 of the Director of Employment & Craftsmen Training, Assam to Mr. S. P. Das, learned standing counsel for the Skill, Employment & Entrepreneurship Department, Government of Assam, obtaining necessary acknowledgment from him.

JUDGE

Comparing Assistant