The Gauhati High Court disposed of a writ petition for compassionate appointment. The Court directed the State respondents to select the post for the petitioner and issue necessary orders within three months.
Direction to respondents 1 to 4 and 6 to select the post and issue necessary appointment orders within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010110052016
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 2324/2016
1:KHANINGIRI ADHIKARY
S/O LT. PAKHIRAJ ADHIKARY, R/O KHEKSIALI, P.O. DEBOLTAR HASDAHA, P.S. GOLAKGANJ, DIST- DHUBRI, ASSAM
VERSUS
1:THE STATE OF ASSAM AND 6 ORS
REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM, FOREST DEPTT., DISPUR, GHY-6
2:THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS and HEAD OF FOREST FORCE ASSAM REHABARI GHY-8
3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST WILD LIFE ASSAM BASISTHA GHY-29
4:THE DIRECTOR KAZIRANGA NATIONAL PARK BOKAKHAT-785612 ASSAM
5:THE DY. COMMISSIONER
NAGAON DISTRICT NAGAON ASSAM PIN-782001
6:THE DIVISIONAL FOREST OFFICER EASTERN ASSAM
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WILD LIFE DIVISION BOKAKHAT-785612
7:THE OFFICER IN CHARGE RANGE OF BAGORI FOREST OFFICE DIST- GOLAGHAT BOKAKHAT-785612 ASSA
Advocate for the Petitioner : MS.D DAS
Advocate for the Respondent : SC, FOREST
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 04-06-2019
Heard Mr. A. Das, learned counsel for the petitioner. Also heard Mr. A. Das, learned counsel for the respondent Nos. 1 to 4 & 6 and Mr. N. Goswami, for the respondent Nos. 5 & 7.
The petitioner’s case in brief is that his unmarried elder brother, the Late Kalyangiri Adhikary, died in harness on 09.04.2013 while serving as a Forest Guard, in that Kaziranga National Park. The petitioner sought compassionate appointment and since the same was not being considered by the State respondents, the present writ petition has been filed.
Mr. A. Das, the learned counsel for the respondent Nos. 1 to 4 & 6 submits that as per the earlier O.Ms dated 08.04.1996 and 02.03.2009, being applied by the State Government for giving appointment on compassionate ground to the family members of the deceased Government servant, there was no reference with regard to the brother of the deceased Government servant being eligible to be appointed on compassionate ground. However, as per the O.M dated 01.06.2015, issued by the Government of Assam, Department of Personnel, the brother or sister in case of the unmarried Government servant is also eligible to be appointed on compassionate ground. He also submits that the has received instructions that the petitioner had been selected for compassionate appointment and that only the post selection process has to be completed. He submits that the writ petition can be closed, as the petitioner will be appointed on compassionate basis, after the State respondents select the post to which the petitioner is to be appointed.
In view of the above of the submission made by the counsel for the respondent Nos. 1 to 4 & 6, the present writ petition is disposed of with the direction to the respondent Nos. 1 to 4 & 6 to select the post against which the petitioner is to be appointed against on compassionate
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basis and issue necessary orders within a period of 3 (three) months from the date of receipt of a certified copy of this order.
The writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner is entitled to compassionate appointment as a brother of a deceased unmarried Government servant.
Whether the State Government is bound to select the post against which the petitioner is to be appointed.
KHANINGIRI ADHIKARY
THE STATE OF ASSAM AND 6 ORS.
MICHAEL ZOTHANKHUMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
