Allowed

Pankaj Thapa v. the State of Assam and 5 Ors.

Gauhati HC20 Jun 2022WP(C)/1420/2020

Case brief

AI extract

What is this about?

This Order allows a compassionate appointment application after quashing a rejection by the State Level Committee on the ground of late submission. The court held that the respondent was estopped from raising 'late submission' in this proceeding because the plea was taken in the prior writ petition, triggering constructive res judicata. The matter is remanded to the SLC to consider the earlier pos

What did the court decide?

Rejection of the compassionate appointment application by the SLC in its meeting of 06.06.2017 is rejected and the petition is allowed. The matter is remanded back to the SLC to consider the recommend

Pankaj Thapa Vs the State of Assam and 5 Ors. — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010043892020

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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)/1420/2020

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PANKAJ THAPA

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S/O. DIL BAHADUR THAPA, VILL. PITHAGURI DOUL, P.O. KARCHANTALA, DIST. SONITPUR, ASSAM, PIN-784189.

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VERSUS

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THE STATE OF ASSAM AND 5 ORS. REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-06.

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2:THE ADDL. CHIEF SECRETARY

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HOME AND POLITICAL DEPTT. TO THE GOVT. OF ASSAM DISPUR GUWAHATI-06. 3:THE PRINCIPAL SECRETARY HOME AND POLITICAL DEPTT. GOVT. OF ASSAM DISPUR GUWAHATI-06. 4:THE DIRECTOR GENERAL OF POLICE

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ASSAM ULUBARI GUWAHATI-07. 5:THE ADDL. DIRECTOR GENERAL OF POLICE (ADMN.) DEPTT.

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ASSAM

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IN THE OFFICE OF THE DIRECTOR GENERAL OF POLICE

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ULUBARI GUWAHATI-07. 6:THE COMMANDANT 12TH ASSAM POLICE BATTALION

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JAMUGURIHAT P.O. KARCHALTALA DIST. SONITPUR ASSAM PIN-784189

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Advocate for the Petitioner : MR. U K NAIR

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 20-06-2022

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Heard Mr. A. Chetry, learned counsel for the petitioner and Mr. S.S. Roy, learned Junior Government Advocate for the respondents. 2. The father of the petitioner Dil Bahadur Thapa who was working as a Grade-IV Cook under the Commandant of 12^th Assam Police Battalion, Jamugurihat, died in harness on 03.06.2010 and on his death, the petitioner submitted an application for compassionate appointment on 26.12.2014 and the said application was forwarded by the Commandant of the Battalion to the Additional Director General of Police (A) Department. When the application was placed before the DLC of Sonitpur District in its meeting of 15.11.2014, a recommendation was made in favour of the petitioner as per the resolution thereof. While nothing further progressed, WP(C) No.

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2165/2018 was instituted which was given a final consideration by the order dated 22.05.2019 and there was a direction to the respondent authorities to place the recommendation made by the DLC before the SLC concerned. Accordingly, when the recommendation was placed before the SLC in its meeting of 06.06.2017, it stood rejected on the ground of late submission of application.

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We have to accept that the said reason for rejecting the application was unavailable before the SLC when it was placed firstly for the reason that in the WP(C) No. 2165/2018, the said stand was not taken by the respondent authorities and therefore, under the law of constructive res judicata, it would be unavailable in any subsequent proceeding. Accordingly, the rejection by the SLC in its meeting of 06.06.2017 stands rejected and the matter is remanded back to the SLC to consider the recommendation made by the DLC in its meeting of 15.11.2014 in reiteration of the earlier order dated 22.05.2019 in 2165/2018.

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Writ petition stands allowed as indicated above.

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Comparing Assistant

Pankaj Thapa v. the State of Assam and 5 Ors.

Case brief

What is this about?

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Pankaj Thapa v. the State of Assam and 5 Ors.

Case brief

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