Allowed

Kapil Phukan v. the State of Assam 3 Ors.

Gauhati HC9 Sept 2019WP(C)/4863/2019

Case brief

AI extract

What is this about?

The petitioner sought appointment on compassionate grounds for his father, an employed public servant who died in harness. The District Level Committee recommended the case, but it was not forwarded to the State Level Committee. The Court directed the Secretary to place the recommended case before the SLC for consideration.

What did the court decide?

Directed the Secretary to the Government of Assam to place the petitioner's case recommended by the DLC on 12.02.2018 before the SLC in its next meeting for consideration.

Kapil Phukan Vs the State of Assam 3 Ors. — Pension and Retirement Benefits | Gauhati HC (2019)

¶1

Page No.# 1/3

¶2

GAHC010143042019

¶3

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

¶4

Case No. : WP(C) 4863/2019

¶5

1:KAPIL PHUKAN

¶6

S/O LT. BISHNU PHUKAN, R/O GANESH NAGAR, BAMUNIMAIDAN, GUWAHATI,DIST. KAMRUP (M), ASSAM, PIN-781021

¶7

VERSUS

¶8

1:THE STATE OF ASSAM 3 ORS.

¶9

REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, DEPTT. OF TRANSPORT, DISPUR, GUWAHATI-6

¶10

2:THE DIRECTOR INLAND WATER TRANSPORT ULUBARI GUWAHATI-7

¶11

3:THE DISTRICT LEVEL COMMITTEE KAMRUP (M) FOR APPOINTMENT ON COMPASSIONATE GROUND REP. BY THE DEPUTY COMMISSIONER KAMRUP (M) ASSAM

¶12

4:THE DEPUTY COMMISSIONER KAMRUP (M) GUWAHATI-

¶13

Advocate for the Petitioner : MR. K K HANDIQUE

¶14

Advocate for the Respondent : GA, ASSAM

¶15

Page No.# 2/3

¶16

BEFORE HONOURABLE MR. JUSTICE UJJAL BHUYAN

¶17

ORDER

¶18

Date : 09-09-2019

¶19

Heard Mr. J Singh, learned counsel for the petitioner and Mr. SS Roy, learned Government Advocate, Assam.

¶20

By filing this petition under Article 226 of the Constitution of India, petitioner seeks a direction to the respondents to appoint him in a commensurate post on compassionate ground.

¶21

Case of the petitioner is that his father Bishnu Phukan was an Inspector (Conservancy) under the Inland Water Transport (IWT) Department. He died-in-harness on 12.08.2017. To tide over the immediate hardship of the family, petitioner submitted application on 11.09.2007 before the Director of IWT seeking appointment on compassionate ground. Thereafter certain decisions were taken by the District Level Committee (DLC), Kamrup (M); for which petitioner had to approach this Court. However, the same may not be relevant for adjudicating the case in hand.

¶22

Suffice it to say that case of the petitioner was again placed before the DLC in its meeting held on 12.02.2018. In para 2 of the minutes of the said meeting, it is seen that DLC had considered the proposal of the petitioner for appointment in Grade-III post on compassionate ground.

¶23

Grievance of the petitioner is that such decision of the DLC besides not being very clear has also not been followed up by forwarding the case of the petitioner to the State Level Committee (SLC).

¶24

Having heard learned counsel for the parties and on due consideration, Court is of the view that going by the tone and tenor of the decision of the DLC, it is evident that DLC had recommended the case of the petitioner. If that be so, then such recommendation is required to be now placed before the State Level Committee (SLC).

¶25

Accordingly and in the light of the above, Secretary to the Government of Assam, Transport Department is directed to place the case of the petitioner as recommended by the DLC on 12.02.2018 before the SLC in its next meeting. SLC shall consider the case of the

¶26

Page No.# 3/3

¶27

petitioner on its own merit. Whatever decision is taken that shall be communicated to the petitioner.

¶28

Writ petition is disposed of in the above terms. No costs.

¶29

JUDGE

¶30

Biplab

¶31

Comparing Assistant

Kapil Phukan v. the State of Assam 3 Ors.

Case brief

What is this about?

What did the court decide?

Kapil Phukan v. the State of Assam 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Nazmul Hoque Vs the State of Assam and 2 Ors.

Jayanta Kumar Banik Vs Sanjeeb Kr. Das and 3 Ors.

Ajmol Hoque Vs the State of Assam and 3 Ors.

Sankar Das Vs Alok Kumar and 8 Ors.

Gitanjali Talukdar Choudhury Vs Juri Phukan, IAS

Bharat Charan Dalbehera Vs Rajiv Gauba and 3 Ors.