Partly allowed

Tina Deka Baruah v. the State of Assam and 5 Ors.

Gauhati HC5 Mar 2021WP(C)/1245/2021

Case brief

AI extract

What is this about?

The court directed the State Selection Committee to reconsider the petitioner's application for compassionate appointment of her husband under General Order ABP.50/2006/Pt/182, setting aside a prior rejection based on lack of vacancies in her specific department.

What did the court decide?

The SLC meeting minutes dated 21.02.2019 relating to petitioner are set aside and petitioner's application placed before SLC for reconsideration under OM dated 01.06.2015.

Tina Deka Baruah Vs the State of Assam and 5 Ors. — Gauhati HC (2021) — LawSathi Research

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GAHC010031652021

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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)/1245/2021

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TINA DEKA BARUAH

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W/O LATE DILIP DEKA BARUAH, R/O 108 KHOWANG GRANT, P.O. TILOINAGAR B.O. DIST. DIBRUGARH, ASSAM, PIN 785675

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VERSUS

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THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, WATER RESOURCE DEPTT., ASSAM SECRETARIAT, DISPUR, GUWAHATI 06

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2:THE CHIEF SECY. TO THE GOVT. OF ASSAM

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ASSAM SECRETARIAT DISPUR GHY 06 ASSAM.

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3:THE ADDITIONAL SECY. TO THE GOVT. O ASSAM

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FINANCE DEPTT. ASSAM ASSAM SECRETARIAT DISPUR GUWAHATI 06

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4:THE DEPUTY SECY. (E) TO THE GOVT. OF ASSAM

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WATER RESOURCE DEPTT. ASSAM SECRETARIAT DISPUR GUWAHATI 06

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5:THE DEPUTY COMMISSIONER

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KAMRUP (M) DIST. KAMRUP GUWAHATI 01 ASSAM.

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6:EXECUTIVE ENGINEER

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DESIGN DIVISION WATER RESOURCE DEPTT. CHANDMARI GHY-03 ASSAM

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Advocate for the Petitioner : MR. J KALITA

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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Date : 05-03-2021

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Heard Mr. J. Kalita, learned counsel for the petitioner, who submits that the petitioner’s

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husband died in harness on 06.01.2017, while working as a Junior Engineer (Civil) in the office of the respondent No. 6.

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The petitioner’s application for compassionate appointment was recommended by the DLC in its meeting dated 14.11.2017 in respect of a vacancy in the office of the respondent No. 6.

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The SLC in its meeting minutes dated 21.02.2019 rejected the petitioner’s

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application for compassionate appointment, on the ground that there was no available vacancy earmarked for appointment under compassionate ground in the cadre of Grade-III Jr. Asstt. under Design W.R. Division.

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The petitioner’s counsel submits that though the petitioner’s case has been rejected due to lack of vacancy in the office of the respondent No. 6, the case of the petitioner should have been considered with respect to vacancies in other Departments also, in terms of the OM No. ABP.50/2006/Pt/182 dated 01.06.2015, which provides that 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 appointment on compassionate ground to those in the waiting list.

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Mr. D. Doloi, learned counsel for the respondent Nos. 2 & 5 and Mr. S. Chutia, learned counsel for the respondent Nos. 1, 3, 4 & 6 submit that they have got no objection to the prayer made by the petitioner’s counsel, inasmuch as, a similar matter had been disposed of by this Court vide Order dated 11.02.2019 passed in WP(C) No. 7242/2017, “Zakir Hussain Vs. State of Assam & 4 Ors”.

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On considering the fact that the OM dated 01.06.2015 would be applicable to the case in hand and keeping in view the Order dated 11.02.2019 passed in WP(C) No. 7242/2017, the respondents are directed to place the petitioner’s application before the SLC again for reconsideration in its next meeting. The SLC shall thereafter consider the petitioner’s case in terms of the OM dated 01.06.2015. Consequently, the SLC meeting minutes dated 21.02.2019, in so far as it relates to the petitioner, is set aside.

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The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Tina Deka Baruah v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Tina Deka Baruah 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

Cases cited

Statutes considered

Parties & counsel

Coram

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