Disposed

Gopichand Bhagat v. the State of Assam and 6 Ors.

Gauhati HC20 Dec 2021WP(C)/1410/2021

Case brief

AI extract

What is this about?

The High Court directed the Karbi Anglong Autonomous Council and Executive Engineer to identify Grade-III and Grade-IV vacancies for compassionate appointment within two months of the order receipt.

What did the court decide?

Directed respondents to identify vacant Grade-III and Grade-IV posts and complete the exercise within two months considering the petitioner and other eligible candidates.

Gopichand Bhagat Vs the State of Assam and 6… — Pension and Retirement Benefits | Gauhati HC (2021)

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GAHC010038162021

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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)/1410/2021

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GOPICHAND BHAGAT

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S/O. LT. JAGADISH BHAGAT, VILL. RINGMIRJENG, DIPHU, WARD NO.3, HEAR PHE COLONY, P.S. DIPHU, PIN-782460, DIST. KARBI ANGLONG, ASSAM.

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VERSUS

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THE STATE OF ASSAM AND 6 ORS REP. BY THE COMM. AND SECY., P.H.E. DEPTT., GOVT, OF ASSAM, GUWAHATI, DISPUR,-06.

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2:KARBI ANGLONG AUTONOMOUS COUNCIL REP. BY ITS PRINCIPAL SECRETARY KARBIANGLONG DIPHU.

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3:THE PRINCIPAL SECRETAR

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KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU.

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4:THE JOINT SECRETARY DEPTT. OF PERSONAL (B) KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU.

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5:THE SECRETARY

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DEPTT. OF PUBLIC HEALTH AND ENGINEERING (PHE) KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU.

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6:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DEPTT.

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DIPHU RURAL W/S DIVISION KARBI ANGLONG.

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7:THE ADDL. CHIEF ENGINEER (PHE)

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KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU

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Advocate for the Petitioner : MR. B P BORAH

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Advocate for the Respondent : SC, K A A C

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BEFORE

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THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R

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20.12.2021

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Heard Mr. D. P. Borah, the learned counsel for the petitioner, who submits that the petitioner’s father died in harness on 18.09.2016 while he was working as a Chowkidar in the office of the Executive Engineer, W/S Rural Division under the Public Health Engineering Department, Diphu, Karbi Anglong.

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The petitioner’s application for compassionate appointment was thereafter considered by the concerned DLC on 25.09.2017, wherein the petitioner was recommended for appointment on compassionate basis.

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The petitioner’s grievance is that though the concerned DLC had recommended the petitioner’s application for compassionate appointment, no appointment order has been issued till date.

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Mr. J. Chutia, the learned Standing Counsel, Karbi Anglong Autonomous Council (in short, KAAC) submits that the case of the petitioner can be

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considered for compassionate appointment along with the all other eligible candidates depending upon the availability of vacancy and financial status.

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On hearing the learned counsels for the parties, the only issue to be decided is as to whether there is any vacant post available, to appoint the petitioner on compassionate basis in terms of the concerned DLC recommendation made on 25.09.2017.

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In view of the above, this writ petition is being disposed of with a direction to the respondent Nos. 3 and 7 to identify the total number of vacant Grade-III and Grade-IV posts, for filling up the same on compassionate basis. While considering the cases of the petitioner, the cases of other similarly situated persons shall also be considered.

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Since according to Mr. Chutia, no separate policy has been framed by the Council/Authority pursuant to the judgment passed by this court in Achyut Ranjan Das –Vs- State of Assam and Others reported in 4GLT 674 and the criteria given in that case (Achyut Ranjan Das) shall be followed while considering the case of the petitioner on compassionate appointment. The authority will also take note of the percentage of vacancies meant for the compassionate appointment.

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The entire exercise should be completed within a period of 2 (two) months from the date of receipt of a certified copy of this order.

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This writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Gopichand Bhagat v. the State of Assam and 6 Ors.

Case brief

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Gopichand Bhagat v. the State of Assam and 6 Ors.

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