Disposed

Milton Sarma v. the State of Assam and 4 Ors.

Gauhati HC2 Mar 2021WP(C)/2443/2018

Case brief

AI extract

What is this about?

This petition challenged the rejection of compassionate appointment due to departmental classification issues. The High Court upheld the SLC's stand that the father belonged to the DC's FCS&CA branch but directed the DLC to consider the application within four months if not previously processed.

What did the court decide?

Directed the DLC to consider the petitioner's compassionate appointment application within four months against available Grade-III or IV posts with reserved quota, if not already considered.

Milton Sarma Vs the State of Assam and 4 Ors. — Pension and Retirement Benefits | Gauhati HC (2021)

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GAHC010078202018

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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)/2443/2018

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MILTON SARMA

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S/O- LT RANADHIR SARMA, VILL- CHARAKURI P.O. KARIMGANJ, DISTKARIMGANJ, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 4 ORS.

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REP. BY THE CHIEF SECRETARY, TO THE GOVT. OF ASSAM, CHAIRMAN, STATE LEVEL COMMITTEE (SLC) DISPUR, GHY-6

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPTT. DISPUR GHY-6

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3:THE DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS ASSAM BHANGAGARH GHY-5 4:THE SUPERINTENDENT FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS KARIMGANJ ASSAM 5:THE DEPUTY COMMISSIONER CUM THE CHAIRMAN D.L.C. KARIMGANJ

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P.O. AND DIST- KARIMGANJ ASSA

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Advocate for the Petitioner : MD. A J ATIA

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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 : 02.03.2021

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Heard Md. A. J. Atia, learned counsel for the petitioner and Mr. D. Nath, learned Additional Senior Government Advocate for all the respondents.

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The petitioner’s case is that on the death of the petitioner’s father, Sri Ranadhir Sarma, who died in harness on 19.05.2010, the petitioner applied for compassionate appointment. The DLC, Karimganj recommended the name of the petitioner. However, the SLC in its meeting minutes dated 10.08.2015, rejected the case of the petitioner by holding that the petitioner’s father did not come under the purview of the Food and Civil Supply and Consumer Affairs (in short, ‘FCS&CA) Department, as he belonged to the amalgamated establishment of the Deputy Commissioner’s Office, Karimganj, as reported by the Director of FCS&CA, Assam. The SLC accordingly decided to revert the proposal to the Deputy Commissioner, Karimganj for taking necessary action. The petitioner’s case is that the petitioner’s father belongs to the FCS&CA Department and not to the Deputy Commissioner’s Office.

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On perusal of the affidavit-in-opposition filed by the respondent Nos. 3 and 5, the State respondents have taken a stand that the petitioner’s father belonged to the amalgamated establishment of the Deputy Commissioner, Karimganj in the FCS&CA Branch of the DC’s office. Further, the appointment order of the petitioner as a Godown Chowkider and the subsequent order provisionally confirming the petitioner has been issued by the office of the Deputy Commissioner, Karimganj. The certificate dated 30.06.2010, showing the next-of-kin of the deceased Sri Ranadhir Sarma has

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been issued by the office of the Deputy Commissioner, Karimganj. All the above facts clearly show that the petitioner’s father was an employee of the FCS&CA Branch of the amalgamated establishment of the Deputy Commissioner’s Office, Karimganj.

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In view of the above, the rejection of the petitioner’s application for compassionate appointment by the SLC in its meeting minutes dated 10.08.2015 does not suffer from any infirmity. However, as the SLC has sent back the petitioner’s application for compassionate appointment to the Deputy Commissioner, Karimganj for taking necessary action, this Court directs the Deputy Commissioner, Karimganj, to place the petitioner’s application for compassionate appointment before the DLC, Karimganj, for considering the petitioner’s application for compassionate appointment against any Grade-III or Grade-IV vacant post that is available under the quota reserved for compassionate appointment.

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The above direction is subject to the condition that the DLC, Karimganj has not considered the petitioner’s application earlier in pursuance to the SLC meeting minutes dated 10.08.2015.

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The petitioner’s application should be considered for vacant posts, which are available in the establishment of the office of the Deputy Commissioner, Karimganj and the DLC should consider the petitioner’s application within a period of 4 (four) months from the date of receipt of a copy of this order.

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The writ petition accordingly stands disposed of.

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JUDGE

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Comparing Assistant

Milton Sarma v. the State of Assam and 4 Ors.

Case brief

What is this about?

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Milton Sarma v. the State of Assam and 4 Ors.

Case brief

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