Disposed

Manoj Kr. Harijan @ Manuj Harijan v. the State of Assam and 10 Ors.

Gauhati HC10 May 2019WP(C)/610/2019

Case brief

AI extract

What is this about?

The Gauhati High Court held that the State Level Committee erred in rejecting a compassionate appointment application solely for lack of vacancies without examining other departments. The petition was disposed of with a direction to re-consider the case and place a speaking order within three months.

What did the court decide?

Direction to respondent authority to place petitioner's case before SLC for re-consideration examining vacancies in other departments and to issue a speaking order within three months.

Manoj Kr. Harijan @ Manuj Harijan Vs the… — Pension and Retirement Benefits | Gauhati HC (2019)

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Page No.# 1/4

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GAHC010018942019

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

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Case No. : WP(C) 610/2019

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1:MANOJ KR. HARIJAN @ MANUJ HARIJAN S/O LATE ZILIBIA ZAMADARINI R/O VILL- LACHI NAGAR JONAI P.O. AND P.S. JONAI, DIST. DHEMAJI, ASSAM, PIN - 787060

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VERSUS

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1:THE STATE OF ASSAM AND 10 ORS. REP. BY THE CHIEF SECRETARY, GOVT. OF ASSAM, DISPUR, GUWAHATI -6.

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2:THE STATE LEVEL COMMITTEE (SLC) ASSAM GUWAHATI -06.

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3:THE CHIEF SECRETARY CHAIRMAN OF THE STATE LEVEL COMMITTEE (SLC) ASSAM GUWAHATI -06.

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4:COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PUBLIC WORKS (R/R) DEPARTMENT

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DISPUR GUWAHATI -06 ASSAM

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5:COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PERSONAL DEPARTMENT DISPUR

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Page No.# 2/4

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GUWAHATI -06 ASSAM.

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6:COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI -06 ASSAM. 7:JOINT SECRETARY WPT AND BC GOVT. OF ASSAM DISPUR GUWAHATI-06 ASSAM. 8:THE DISTRICT LEVEL SELECTION COMMITTEE (DLSC) DHEMAJI DHEMAJI- 787110. 9:THE DEPUTY COMMISSIONER CHAIRMAN OF DISTRICT LEVEL SELECTION COMMITTEE (DLSC) DHEMAJI- 787110. 10:EXECUTIVE ENGINEER P.W.D. DHEMAJI RURAL ROAD DIVISION SILAPATHAR DHEMAJI - 787110.

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11:ASSTT. EXECUTIVE ENGINEER P.W.D. DHEMAJI RURAL ROAD DIVISION SILAPATHAR DHEMAJ- 787110

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Advocate for the Petitioner : MR. D DAS SR. ADV

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE N. KOTISWAR SINGH

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ORDER

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Date : 10-05-2019

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Heard Mr. D. Das, learned senior counsel, assisted by Mr. K. Mohammed, learned counsel for the petitioner. Also heard Mr. S. S. Roy, learned Govt. Advocate for the State.

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The grievance of the petitioner is that though the concerned DLC had recommended the case of the petitioner for appointment under the die-in-harness scheme to a Grade-IV post vide order their recommendation in terms of the meeting held on 04.06.2015, when his case was considered by the SLC, SLC rejected the application of the petitioner on the ground of lack of vacancy, as the 5% quota reserved for appointment under the scheme had been filled up, as per the recommendation of the SLC meeting held on 31.12.2018.

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It may be noted that before the authority rejects any application for appointment under the die-in-harness scheme on the ground of lack of vacancy, it is incumbent upon the authority to examine the availability the vacancy in any other department other than the one to which the petitioner seeks appointment had been recommended.

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Perusal of the proceeding of the SLC does not indicate that such exercise had been undertaken.

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In view of the above position, this Court is of the opinion that the preset petition can be disposed of with the direction to the respondent authority to examine the claim of the petitioner in the light of para 15 of Office Memorandum No. ABP 50/2006/Pt/182 dated 01.06.2015, the relevant portion of which reads as follows:

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Page No.# 4/4

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“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/Officers of the Government to provide at an early appointment on compassionate grounds to those in the waiting list.”

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Accordingly, the present petition is disposed of with the direction to the respondent authority to place the case of the petitioner before the SLC for re-consideration of the application of the petitioner by examining the availability of vacancy in other Departments, and inform the petitioner by issuing a speaking order in this regard, which exercise shall be undertaken within a period of three months from the date of receipt of a certified copy of this order or next SLC meeting, whichever is earlier.

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JUDGE

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Comparing Assistant

Manoj Kr. Harijan @ Manuj Harijan v. the State of Assam and 10 Ors.

Case brief

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Manoj Kr. Harijan @ Manuj Harijan v. the State of Assam and 10 Ors.

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