Allowed

Ansumwi Basumatary v. the State of Assam and 5 Ors.

Gauhati HC4 Feb 2020WP(C)/7376/2019

Case brief

AI extract

What is this about?

Petitioner challenged rejection of compassionate appointment under Die-in-Harness scheme. Court held State Level Committee erred in ignoring vacancies in other departments per Office Memorandum. Writ allowed, impugned decision quashed, and matter remanded for reconsideration.

What did the court decide?

Order dated 28.06.2018 rejected by State Level Committee set aside and quashed; petitioner directed to be reconsidered afresh in next SLC meeting.

Ansumwi Basumatary Vs the State of Assam and… — Pension and Retirement Benefits | Gauhati HC (2020)

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GAHC010236952019

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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) 7376/2019

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1:ANSUMWI BASUMATARY

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W/O- LATE PUNIRAM BASUMATARY, R/O- VILLAGE- RUNIKHATA, H.NO. 46, P.O/P.S.- RUNIKHATA, DISTRICT- CHIRANG, ASSAM, PIN- 783375.

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VERSUS

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1:THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI- 781006.

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2:THE SECRETARY GOVT. OF ASSAM HOME DEPTT. DISPUR GUWAHATI- 781006.

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3:THE DIRECTOR GENERAL OF POLICE ULUBARI GUWAHATI- 781007 DISTRICT- KAMRUP(M) ASSAM.

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4:THE ADDL. DIRECTOR GENERAL OF POLICE ULUBARI GUWAHATI- 781007 DISTRICT- KAMRUP(M) ASSAM.

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5:THE SUPERINTENDENT OF POLICE CHIRANG AT CHIRANG DISTRICT- CHIRANG

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ASSAM PIN- 783390.

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6:THE DEPUTY COMMISSIONER CHIRANG AT CHIRANG DISTRICT- CHIRANG ASSAM PIN- 783390

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Advocate for the Petitioner : MR. N K MURRY

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Advocate for the Respondent : GA, ASSAM

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BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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Date : 04-02-2020

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Heard Mr. N. K. Murry, learned counsel appearing for the petitioner and Mr. D. Nath, learned Additional Senior Government Advocate, Assam for all the official respondent Nos. 1 to 6.

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Petitioner namely, Smti. Ansumwi Basumatary, being aggrieved with the decision of the State Level Committee (SLC) for compassionate appointment dated 28.06.2018 whereby her case for compassionate appointment under the Die-in-Harness scheme of the State in GradeIV Post was rejected inspite of the recommendation of the District Level Committee (DLC), Chirang dated 06.12.2016, has preferred this writ petition.

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Petitioner’s husband, Puniram Basumatary was an Un-Armed Branch Constable under the Home Department of the State and was serving under the Superintendent of Police, Chirang who Died-in-Harness on 15.07.2015, leaving behind his widow, the petitioner and two minor son and daughter.

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The petitioner, a class - X passed, who belongs to Scheduled Tribes (Plains) filed an application in May, 2016 before the Superintendent of Police, Chirang for her compassionate appointment under the Die-in-Harness Scheme of the State. The DLC, Chirang on 06.12.2016

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considering the case of the petitioner recommended her name to the SLC for her compassionate appointment in Grade-IV post along with 6 others. But the SLC in its meeting held on 28.06.2018 rejected the case of the petitioner for her compassionate appointment on the ground of lack of vacant post of Grade-IV.

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Pursuant to the order dated 21.01.2020, Mr. D. Nath, learned Additional Senior Government Advocate, Assam has placed on record the sanctioned and actual strength along with the vacancy position of Grade-IV staff under the Superintendent of Police, Chirang for the period from 2015 to 2018.

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Grade-IV Staff under the Superintendent of Police, Chirang consists of Cook, Safai Karmachari, Barber, Cobbler, Washer Man, Electrician, Plumber, Peon and Duftry.

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The written instruction placed by the Superintendent of Police, Chirang before the Court goes to show that in the year 2015, there were only 6 Nos. of vacant Grade-IV posts; in the year 2016, there were 7 Nos. of vacant Grade-IV posts; in the year 2017, there were 8 Nos. of vacant Grade-IV posts and in the year 2018, there were 9 Nos. of vacant Grade-IV posts against the total sanctioned strength of 28 Nos. of vacancies of Grade-IV post. From the written instructions of the Superintendent of Police, Chirang, Mr. D. Nath, learned Additional Senior Government Advocate, Assam placed before the Court that only because of lack of vacancy of Grade-IV post under the Superintendent of Police, Chirang, the SLC in its meeting held on 28.06.2018 could not consider the case of the petitioner for her appointment in Grade-IV post on compassionate ground though her case was recommended by the DLC, Chirang on 06.12.2016.

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The SLC though in its meeting held on 28.06.2018 could not consider the case of the petitioner for her compassionate appointment in Grade-IV post due to lack of vacancy under the establishment of Superintendent of Police, Chirang but it did not consider her case with regard to non-availability of vacancy of Grade-IV post in other department of the Sate for her compassionate appointment as provided at Para No. 15 of the Office Memorandum of the Personnel (B) Department of the State under No. ABP 50/2006/Pt/182 dated 01.06.2015, both the meetings of the DLC as well as the SLC involved in this case were held on 06.12.2016 and 28.06.2018 respectively and the said Office Memorandum (OM) dated

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01.06.2015 was relevant to consider the case of the petitioner.

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Considering the above, the impugned decision of the SLC dated 28.06.2018 rejecting the case of the petitioner for her compassionate appointment due to lack of vacant post of Grade-IV under the Superintendent of Police, Chirang is hereby set aside and quashed.

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Accordingly, this writ petition is disposed of directing the said SLC to reconsider the case of the petitioner for her compassionate appointment afresh in terms of the said OM dated 01.06.2015 placing her case in the next meeting of the SLC.

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Petitioner shall furnish certified copies of this order before the Additional Chief Secretary (Home and Political) Department and the Director General of Police, Assam and shall obtain necessary acknowledgment from them in that regard.

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With the above observations and directions, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Ansumwi Basumatary v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Ansumwi Basumatary v. the State of Assam and 5 Ors.

Case brief

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What did the court decide?

What the court decided

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