Allowed

Bikash Ch. Das v. the State of Assam and 5 Ors.

Gauhati HC30 Aug 2019WP(C)/4704/2019

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the petitioner sought appointment on compassionate grounds following his father's death-in-harness. The court clarified conflicting agency reports, ascertained that the State Level Committee had recommended the appointment due to lack of vacancies at the District Level Committee, and directed the police authorities to process the appointment within eight weeks

What did the court decide?

Respondents directed to appoint petitioner as Constable within 8 weeks of receipt of this order.

Bikash Ch. Das Vs the State of Assam and 5… — Pension and Retirement Benefits | Gauhati HC (2019)

¶1

Page No.# 1/3

¶2

GAHC010151132019

¶3

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

¶4

Case No. : WP(C) 4704/2019

¶5

BIKASH CH. DAS S/O- LATE KIRAN CH DAS, LOKABANDHU NAGAR (NEAR DPI), P.SDISPUR, DIST- KAMRUP(M), P.O- KAHILIPARA, GUWAHATI- 781019

¶6

VERSUS

¶7

1:THE STATE OF ASSAM AND 5 ORS

¶8

REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, HOME DEPTT, DISPUR, GHY, PIN- 781006

¶9

2:THE DIRECTOR GENERAL OF POLICE (SB) ULUBARI GUWAHATI PIN- 781007

¶10

3:THE ADDITIONAL DIRECTOR GENERAL OF POLICE SPECIAL BRANCH KAHILIPARA GUWAHATI- 781019

¶11

4:THE SUPERINTENDENT OF POLICE (E) SPECIAL BRANCH KAHILIPARA GUWAHATI- 781019

¶12

5:THE DEPUTY SUPERINTENDENT OF POLICE SPECIAL BRANCH (RESERVE) KAHILIPARA GUWAHATI PIN- 781019 ASSAM

¶13

Page No.# 2/3

¶14

6:THE DISTRICT LEVEL COMMITTEE REP. BY THE CHAIRMAN THE DEPUTY COMMISSIONER KAMRUP (M

¶15

Advocate for the Petitioner : MR. R K TALUKDAR

¶16

Advocate for the Respondent : GA, ASSAM

¶17

BEFORE HONOURABLE MR. JUSTICE UJJAL BHUYAN

¶18

ORDER

¶19

30.08.2019

¶20

Heard Mr. R. K. Talukdar, learned counsel for the petitioner and Mr. D. Nath, learned Govt. Advocate, Assam.

¶21

By filing this petition under Article 226 of the Constitution of India, petitioner seeks a direction to the respondents to consider his case for appointment on compassionate ground.

¶22

Case of the petitioner is that his father Kiran Ch. Das served as Havildar in the Office of Director General of Police (Special Branch), Assam at Guwahati. He died-in-harness on 06.07.2016 leaving behind his wife and two sons including the petitioner.

¶23

Petitioner’s father was the sole earning member of the family. His death plunged the family into a state of uncertainty and financial distress. To tide over the hardship of the family, petitioner submitted application on 26.05.2017 before the Superintendent of Police, Special Branch, Kahilipara, Guwahati seeking appointment on compassionate ground.

¶24

Grievance expressed by the petitioner is that he has not been informed anything by the authorities regarding consideration of his claim to compassionate appointment. With the above grievance, present writ petition has been filed.

¶25

On 19.07.2019, learned Govt. Advocate was directed to obtain instruction as to when case of the petitioner for compassionate appointment would be placed before the District Level Committee, Kamrup (M) (DLC).

¶26

Page No.# 3/3

¶27

On the next date, i.e. on 02.08.2019, learned Govt. Advocate submitted that though he had received instructions there were some confusion — while at one stage it was stated that DLC had rejected the claim of the petitioner but at another stage it was stated that it was the State Level Committee (SLC) which had recommended appointment of the petitioner.

¶28

In view of the confusion as above, this Court directed learned Govt. Advocate to get the necessary clarification.

¶29

Today, when the matter is called upon, Mr. Nath submits on the basis of instructions dated 13.08.2019 of the Superintendent of Police, Special Branch that case of the petitioner could not be finalized by the DLC in its meeting held on 02.04.2018 due to lack of vacancy. Petitioner’s case was not rejected, but was only deferred. This was conveyed to the SLC. However, SLC considered the case of the petitioner and recommended that he be appointed in the post of Constable in the Office of the Addl. Director General of Police (Special Branch) on compassionate ground as a special case. Decision of the SLC was received by the authority in the Assam Police Headquarters on 24.07.2019.

¶30

In view of above, respondents more particularly respondent Nos. 3 and 4 are directed to take necessary follow up steps for appointment of the petitioner as Constable on compassionate ground.

¶31

This shall be done within a period of 8 (eight) weeks from the date of receipt of a certified copy of this order.

¶32

Writ petition is disposed of.

¶33

JUDGE

¶34

Comparing Assistant

Bikash Ch. Das v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Bikash Ch. Das v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Babul Hussain Vs the State of Assam and 4 Ors.

Mina Basfor Vs the Union of India and 5 Ors.

Santosh Kumar Mishra Vs State of Assam and Anr.

M/S. S.S. Enterprise and Anr. Vs the Airports Authority of India and 2 Ors.

Anjalee Das Vs M/S. Quantum Developer and Anr.

Azmina Ahmed Vs the Commanding Officer and 6 Ors.