Writ petition concerning rejection of compassionate appointment application. Court directed respondents to consider case afresh under para 15 of GO 1/6/2015 within three months.
Direct respondents to consider petitioner's case afresh under para 15 of Government Office Memorandum dated 1/6/2015 within 3 months.
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GAHC010308692019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/9436/2019
AJAY MILI
S/O- LT. MAKHAN MILI, R/O- VILL. KAMALPUR, MURKNGSELEK NO. 2, P.O. JONAI, P.S. JONAI, PIN- 787057, DIST. DHEMAJI, ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE CHIEF SECY., GOVT. OF ASSAM, DISPUR, GHY., PIN781006, ASSAM.
2:THE PRINCIPAL SECY. PANCHAYAT AND RURAL DEVELOPMENT DEPTT. GOVT. OF ASSAM DISPUR GHY.- 06 ASSAM.
3:THE COMM. AND SECY. TO THE GOVT. OF ASSAM PANCHAYAT AND RURAL DEVELOPMENT DEPTT. JURIPAR PANJABARI GHY.-37 ASSAM.
4:THE DY. COMMISSIONER DHEMAJI DISTRICT PIN- 787057.
5:THE B.D.O. MURKONGSELEK T.D. BLOCK
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JONAI DHEMAJI- 787057 DHEMAJI
Advocate for the Petitioner : MR. S SAIKIA
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR JUSTICE SONGKHUPCHUNG SERTO
ORDER
Date : 01-03-2021
Heard Mr. S. Saikia, learned counsel appearing for the petitioner and Mr. A. Roy, learned counsel appearing for the respondent Nos. 2,3 and 5.
The petitioner’s grievance in short is that after the death of his father who died in harness while serving as office Peon in the office of the Block Development Officer, Murkongselek, T.D. Block, Jonai, he applied for appointment on compassionate ground and his application was duly recommended by the DLC vide their minutes dated 29/4/2017, but when the same was considered by the SLC, it was rejected on the ground of non availability of vacancy. Therefore, the respondents may be directed to consider his case in terms of paragraph 15 of the Office Memorandum No.ABP 50/2006/Pt/182 dated 1/6/2015 wherein it is stated as follows:-
“15) 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 Departments/Offices of the Government to provide at an early appointment on compassionate grounds to those in the waiting list.”
There is no objection from the side of the respondents to dispose of the matter in the manner as prayed for by the petitioner. Therefore, this writ petition is disposed of with direction to the respondents to consider the case of the petitioner afresh in terms of paragraph 15 of the Government Office Memorandum dated 1/6/2015 reproduced herein above. All exercise should be completed within a
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period of 3 months from the date of receipt of a copy of this order.
The writ petition stands disposed of.
Comparing Assistant
1 issue framed by the court
Whether the petitioner entitled to compassionate appointment consideration under para 15 of OM 2015 due to non-availability of vacancies?
1 provisions across 1 enactments
AJAY MILI
THE STATE OF ASSAM
SONGKHUPCHUNG SERTO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
