Disposed

Kowsar Ahmed Laskar v. the Assam Power Distribution Company Limited and 3 Ors.

Gauhati HC7 Jan 2022WP(C)/1232/2021

Case brief

AI extract

What is this about?

Petitioner sought direction for compassionate appointment under Article 226. Court found initial application date within the limitation period based on endorsement evidence. Directed respondent to examine veracity of claim and complete committee exercise by March 31, 2022.

What did the court decide?

Respondent II/III directed to verify application endorsed 15.02.2016; complete enquiry by 31.03.2022.

Kowsar Ahmed Laskar Vs the Assam Power Distribution… — Service and Employment | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010032982021

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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)/1232/2021

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KOWSAR AHMED LASKAR

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S/O. LT. FOZLUL HOQUE LASKAR, R/O. WARD NO.1, P.O. VICHINGCHA, DIST. HAILAKANDI, ASSAM, PIN-788155.

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VERSUS

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THE ASSAM POWER DISTRIBUTION COMPANY LIMITED AND 3 ORS REP. BY THE CHAIRMAN, ASSAM POWER DISTRIBUTON COMPANY LTD. (APDCL), JIJULEE BHAWAN, GUWAHATI-01.

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2:THE MANAGING DIRECTOR

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ASSAM POWER DISTRIBUTION COMPANY LTD. (APDCL) BIJULEE BHAWAN

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GUWAHATI-01.

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3:THE CHIEF GENERAL MANAGER (HRA) APDCL BIJULEE BHAWAN GUWAHATI-01.

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4:THE CHIEF EXECUTIVE OFFICER

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BADARPUR ELECTRICAL CIRCLE APDCL CAR BADARPUR ASSAM

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Advocate for the Petitioner : DR. B AHMED

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Advocate for the Respondent : SC, APDCL

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BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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ORDER

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Date : 07.01.2022

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Heard Mr. A.B.T. Haque, learned counsel for the petitioner. Also heard Mr. S.P. Sarma, learned standing counsel for the APDCL.

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By filing this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for a direction upon the respondent authorities to consider the case of the petitioner for compassionate appointment.

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The case projected by the petitioner is that his father had died on 11.04.2015 and the petitioner had applied for appointment on compassionate ground and as his case was not considered, the present writ petition has been filed.

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The stand of the respondents in their affidavit-in-opposition is to the effect that as the application for appointment on compassionate ground was submitted on 19.10.2016, which was contrary to the Clause 9 (v) of the Scheme for Compassionate Appointment, 2014 and therefore, the same could not be considered. Controverting the said stand, the petitioner in his affidavit-in-reply has annexed as Annexure-A his application dated 15.02.2016 and it is submitted that it contains an endorsement by the Assistant General Manager, Hailakandi

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Electrical Division of APDCL (CAR), Hailakandi dated 16.02.2016, thereby forwarding his application to the competent authority for necessary action.

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In view of the contents of Annexure-A to the affidavit-in-reply filed by the petitioner on 07.09.2021, by which it is projected that the petitioner had applied for appointment on compassionate ground on 15.02.2016, which is within 1 (one) year from the death of his father and has projected that it was forwarded on 16.02.2016 by the competent authority as per endorsement contained therein, the Court is of the considered opinion that ends of justice would be met if the respondent no.2 and in his absence, the respondent no.3 is directed to examine the veracity of the claim of the petitioner about having submitted his application for appointment on compassionate ground on 15.02.2016 (Annexure-A to the affidavit-in-reply filed on 07.09.2021) and if the endorsement dated 16.02.2016 by the Assistant General Manager, Hailakandi is genuine, the case of the petitioner shall be placed in the next meeting as per the Scheme for Compassionate Appointment, 2014 of the APDCL.

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The entire exercise of enquiry and meeting of Committee for Compassionate Appointment shall be carried out within 31.03.2022. In the event for some compelling reason the exercise cannot be carried out within the time allowed, by showing cause, the respondents are at liberty to apply for extension of time.

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The petitioner shall serve a certified copy of this order along with the affidavit-in-reply filed on 07.09.2021 to the office of the respondent no.2 within a week to bring the order to the notice of the said authority.

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The learned standing counsel for the APDCL shall also transmit a downloaded copy of the order to the respondent nos.2 and 3.

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Writ petition stands disposed of in terms as indicated above.

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JUDGE

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Comparing Assistant

Kowsar Ahmed Laskar v. the Assam Power Distribution Company Limited and 3 Ors.

Case brief

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Kowsar Ahmed Laskar v. the Assam Power Distribution Company Limited and 3 Ors.

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