Pritam Chakrabarty vs The State Of Assam And 3 Ors
2025 Latest Caselaw 423 Gua

Gauhati High Court

Pritam Chakrabarty vs The State Of Assam And 3 Ors on 9 May, 2025

                                                                   Page No.# 1/4

GAHC010253112023




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



                         Case No. : WP(C)/6546/2023



         PRITAM CHAKRABARTY
         S/O- LATE. HARI PRASAD CHAKRABARTY, VILL- RANGABAK PART-I,
         P.O./P.S.- KATLICHERRA, DIST.- HAILAKANDI, ASSAM, PIN- 788161



         VERSUS

         THE STATE OF ASSAM AND 3 ORS
         REPRESENTED BY THE COMMISSIONER SECRETARY TO THE
         GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENTS,
         DISPUR, GUWAHATI- 781006

         2:THE DIRECTOR GENERAL OF POLICE
         ASSAM
         ASSAM POLICE HEADQUARTERS ULUBARI
          GUWAHATI- 781007

         3:THE DEPUTY COMMISSIONER AND CHAIRMAN
          DISTRICT LEVEL COMMITTEE (DLC)
          HAILAKANDI
          P.O. AND DISTRICT- HAILAKANDI
         ASSAM
          PIN- 788151

         4:THE SUPERINTENDENT OF POLICE
          HAILAKANDI OF DISTRICT- HAILAKANDI
         ASSAM
          PIN- 78815
                                                                        Page No.# 2/4

Advocate for the Petitioner   : MR. A H ALAMGIR,

Advocate for the Respondent : GA, ASSAM,




                                    BEFORE
                        HONOURABLE MR. JUSTICE KARDAK ETE

                                       JUDGMENT

Date : 09-05-2025

Heard Mr. A.H. Alamgir, learned counsel for the petitioner. Also heard Mr. CKS Baruah, learned counsel for the respondents.

2. By filing this petition, the petitioner has prayed for a direction for consideration of his case for appointment on compassionate ground by placing the matter before the District Level Committee meeting of Hailakandi district on account of death of the father of the petitioner late Hari Prasad Chakrabarty.

3. The case of the petitioner, shorn of unnecessary details, is that his father late Hari Prasad Chakrabarty was working as an Assistant Sub-Inspector of Police under S.P Hailakandi, Assam who had expired on 29.07.1994. It is the case of the petitioner that his mother after the death of his father has applied for appointment on compassionate ground. Having not been considered by the authorities for appointment on compassionate ground to his mother, the petitioner has applied in place of her. But the same has not been considered.

5. Mr. A.H. Alamgir, learned counsel for the petitioner by referring to the letter dated 08.05.2023 issued by the Superintendent of Police, Hailakandi, submits that the Superintendent of Police has informed the Deputy Commissioner, Hailakandi and requested for placing the case of the petitioner before the District Level Committee for appointment on compassionate ground. Therefore, he submits that a direction may be issued to the respondent Page No.# 3/4

authorities to place the case of the petitioner before the DLC for consideration for appointment on compassionate ground.

6. Mr. C.K.S. Baruah, learned State counsel submits that since the father of the petitioner died way back in 1994, at this distant point of time, the appointment on compassionate ground would not arise as the claim of the petitioner is hopelessly barred and have spent its force and therefore, the petitioner is not entitled for consideration and as such such writ petition may be dismissed.

7. On consideration of the materials available on record, I find that admittedly, the father of the petitioner had died on 29.07.1994. The mother of the petitioner after the death of his father, stated to have applied for appointment on compassionate ground. Having not been considered the application filed by his mother, the petitioner subsequently, applied for appointment on 07.09.2017. It is noticed that the petitioner has applied for compassionate appointment after a lapse of more than 30 years.

8. Although the petitioner has applied for appointment on compassionate ground, after the delay of more than 30 years, having considered the limited prayer of the learned counsel for the petitioner for placing the case of the petitioner before the DLC in view of the letter of the Superintendent of Police, Hailakandi for placing the same before DLC, Hailakandi dated 08.05.2023, it would be appropriate to direct the respondent authorities to place the case of the petitioner in the next DLC. Accordingly, it is ordered.

9. However, it would be open to the respondent authorities including the DLC to take into account the proposition of law laid down in the case of State of West Bengal -vs- Debabrata Tiwari and others reported in AIR 2023 SC 1467.

Page No.# 4/4

10. With the above observation and direction, the writ petition is disposed of.

JUDGE

Comparing Assistant