In a compassionate appointment matter, the Gauhati High Court directed the State to re-examine the availability of vacancies in other departments under a state circular, allowing the petition.
Petitioner's writ petition allowed; matter remanded to SAD(E) Govt. of Assam to re-examine vacancies in other departments within 3 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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GAHC010022402017
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 2751/2017
1:MINTU KUMAR DAS
S/O LT. SIDDHESWAR DAS R/O RUKMINI NAGAR, HOUSING COMPLEX, HOUSE NO. LIG 16-B, P.S. DISPUR, GUWAHATI-6, DIST. KAMRUP M, ASSAM.
VERSUS
1:THE STATE OF ASSAM and 2 ORS.
REP. BY COMMISSIONER AND SECRETARY, SECRETARIAT ADMINISTRATIVE ESTT. DEPARTMENT DISPUR, GOVT. OF ASSAM, DISPUR, GUWAHATI-6.
2:THE DEPUTY SECRETARY SAD E DUPLICATING SECTION DISPUR GUWAHATI ASSAM
3:THE DEPUTY COMMISSIONER KAMRUP M GUWAHAT
Advocate for the Petitioner : MS. A SONOWAL
Advocate for the Respondent : GA, ASSAM
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BEFORE
HON’BLE MR.JUSTICE N. KOTISWAR SINGH order
13-05-2019
None appears for the petitioner on call. Also heard Mr. D. Nath, leaned Additional Senior Government Advocate, Assam.
“If sufficient vacancies are not available in any particular office to accommodate the persons in the waiting list for compassionate appointment, it is open to the Administrative Department/ Office to take up the matter with other Department/Offices of the Government to provide at an early appointment on compassionate ground to those in the waiting list.”
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by issuing a speaking order in this regard and intimate the same to the petitioner.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the appointing authority is bound to consider existing vacancies in other departments for compassionate appointment when vacancies are unavailable in the specific office/cadre.
MINTU KUMAR DAS
THE STATE OF ASSAM
N. KOTISWAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
