Dismissed

Bharati Daimari v. Mr. G D Tripathi and Anr.

Gauhati HC6 Sept 2022Cont.Cas(C)/122/2022

Case brief

AI extract

What is this about?

In a writ petition, the Gauhati High Court directed the State Level Committee to consider the petitioner's application for compassionate appointment in its next meeting after receiving the required marital status report submitted by the Deputy Commissioner.

What did the court decide?

The State Level Committee is directed to consider the petitioner's case for compassionate appointment in its next meeting.

Bharati Daimari Vs Mr. G D Tripathi and Anr. — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No.# 1/5

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GAHC010207372021

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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)/6573/2021

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BHARATI DAIMARI D/O LATE MAYARAM DAIMARI RESIDENT OF BENGENA BARI, PO AND PS ORANG, DIST UDALGURI (BTAD) ASSAM

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VERSUS

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THE STATE OF ASSAM AND 3 ORS

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REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, REVENUE (LR) AND DISASTER MANAGEMENT DEPARTMENT,DISPUR GUWAHATI 06

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2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI 06

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3:THE STATE OF ASSAM

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REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM CUM CHAIRMAN STATE LEVEL COMMITTEE (SLC) FOR APPOINTMENT ON COMPASSIONATE GROUND DISPUR GUWAHATI 781006

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4:THE DEPUTY COMMISSIONER CUM CHAIRMAN DISTRICT LEVEL COMMITTEE (DLC) SONITPUR TEZPUR ASSAM 78400

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Advocate for the Petitioner : MR. S U AHMED

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Page No.# 2/5

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Advocate for the Respondent : GA, ASSAM

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Linked Case : Cont.Cas(C)/122/2022

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BHARATI DAIMARI D/O- LATE MAYARAM DAIMARI R/O- BENGENA BARI PO AND PS- ORANG DIST- UDALGURI (BTAD) ASSAM

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VERSUS

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MR. G D TRIPATHI AND ANR COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-781006.

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2:BHUPESH CH DAS DEPUTY COMMISSIONER CUM CHAIRMAN DISTRICT LEVEL COMMITTEE (DLC) SONITPUR TEZPUR ASSAM PIN-784001

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-----------Advocate for : MR. S U AHMED Advocate for : MR. D SAIKIA (R-1) appearing for MR. G D TRIPATHI AND ANR

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Linked Case : Review.Pet./125/2022

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THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPT. DISPUR GUWAHATI 781006

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2: THE CHIEF SECRETARY TO THE GOVT. OF ASSAM CUM CHAIRMAN STATE LEVEL COMMITTEE (SLC) FOR APPOINTMENT ON COMPASSIONATE GROUND

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DISPUR

GUWAHATI 781006

3: THE DEPUTY COMMISSIONER CUM CHAIRMAN DISTRICT LEVEL COMMITTEE (DLC) SONITPUR TEZPUR ASSAM 784001 VERSUS

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BHARATI DAIMARI D/O LATE MAYARAM DAIMARI RESIDENT OF BENGENA BARI PO AND PS ORANG DIST UDALGURI (BTAD) ASSAM

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-----------Advocate for : MR. R BORPUJARI Advocate for : appearing for BHARATI DAIMARI

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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Date : 08-09-2022

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Heard Mr. S.U. Ahmed, learned counsel for the petitioner and Mr. R. Borpujari, learned counsel for the respondent Nos. 1 & 2. Mr. J.K. Goswami, learned counsel appears for the respondent Nos. 3 & 4.

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The petitioner’s case is that the petitioner’s father died in harness on 22.05.2006, while serving as a Lot Mandal under the Dhekiajuli Revenue Circle Office in Sonitpur District, Assam.

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The petitioner applied for compassionate appointment and the District Level Committee (DLC) recommended the case of the petitioner for compassionate appointment to a Grade-IV post, as a special case, vide Meeting Minutes dated 19.03.2010. Thereafter, the State Level Committee (SLC) considered the

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petitioner’s application for compassionate appointment and vide its Meeting Minutes dated 01.10.2011, the SLC deferred in taking a decision in respect of the petitioner. The SLC directed the Department to obtain the marital status of the petitioner. The relevant portion of the SLC Meeting Minutes dated 01.10.2011 is reproduced below:-

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“After examining the matter, the State Level Committee approved the recommendations of the District Level Committee for appointment of the following applicants only.

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Shri Gobin Chandra Nath in a Grade-III post.

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Smti. Monomati Devi in a Grade-III post.

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Md. Nakibur Rahman in a Grade-III post.

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Smti Mitali Das (Subject to condition that she is unmarried) in a GradeIII post.

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Smti. Rupjyoti Bora Devi in a Grade-III post.

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The Committee, however, deferred the decision in respect of Smti. Mainu Deka and Smti Bharati Daimari and directed the Department to obtain marital status of these two candidates. The committee also deferred decision in respect of Shri Bhrigu Kr. Nath and Sri Kiran Sarma and directed the Department to obtain full particulars about their candidature from the concerned Deputy Commissioner.”

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Subsequent to the SLC Meeting Minutes dated 01.10.2011, the Deputy Commissioner, Sonitpur has issued letter No. SPE-30/2013/Pt-1/DLC/402 dated 24.06.2013 stating that the petitioner is married and she has submitted an undertaken to maintain her two brothers.

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The petitioner’s case is that the petitioner’s application has not been considered by the SLC, subsequent to the SLC Meeting dated 01.10.2011 and the Deputy Commissioner’s letter dated 24.06.2013.

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The petitioner’s counsel submits that in view of the above reasons, a direction should be issued to the SLC to consider the case of the petitioner.

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Mr. R. Borpujari, learned counsel for the respondent Nos. 1 & 2 and Mr. J.K. Goswami, learned counsel for the respondent Nos. 3 & 4 submit that they have got no objection to the prayer made by the petitioner’s counsel.

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In view of the submissions made by the learned counsels for the parties, the SLC is directed to consider the case of the petitioner for compassionate appointment in its’ next meeting, keeping in view the fact that the Deputy Commissioner, Sonitpur has given the marital status of the petitioner vide letter dated 24.06.2013, in terms of the query raised by the SLC in its Meeting Minutes dated 01.10.2011.

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The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Bharati Daimari v. Mr. G D Tripathi and Anr.

Case brief

What is this about?

What did the court decide?

Bharati Daimari v. Mr. G D Tripathi and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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