Remanded

Sehnaz Sultana v. the State of Assam and 2 Ors.

Gauhati HC9 Nov 2022WP(C)/145/2021

Case brief

AI extract

What is this about?

Petitioner appointed on compassionate grounds against her father's death faced discharge for inability to undergo police training due to medical conditions. Court held discharge lacked compassion and directed DG of Police to examine her fitness and pass a reasoned order to determine if alternative non-training posts exist.

What did the court decide?

Petitioner remanded to Director General of Police to examine her medical condition and pass a reasoned order within one month to determine suitability for alternative posts not requiring rigorous trai

Sehnaz Sultana Vs the State of Assam and 2… — Pension and Retirement Benefits | Gauhati HC (2022)

¶1

Page No.# 1/4

¶2

GAHC010002662021

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : WP(C)/145/2021

¶5

SEHNAZ SULTANA

¶6

D/O LATE TAIZUDDIN AHMED, R/O VILL. HAURIPUR, P.O. BONEKUCHI, DIST. NALBARI, ASSAM.

¶7

VERSUS

¶8

THE STATE OF ASSAM AND 2 ORS

¶9

TO BE REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, HOME AND POLITICAL DEPTT., DISPUR, GUWAHATI 6

¶10

2:THE DIRECTOR GENERAL OF POLICE

¶11

ASSAM POLICE HEADQUARTER ULUBARI GUWAHATI 7

¶12

3:THE SUPERINTENDENT OF POLICE

¶13

NALBARI DIST. NALBARI ASSAM

¶14

Advocate for the Petitioner : MR A R BHUYAN

¶15

Advocate for the Respondent : GA, ASSAM

¶16

Page No.# 2/4

¶17

BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

¶18

O R D E R

¶19

09.11.2022

¶20

Heard Mr. AR Bhuyan, learned counsel for the petitioner and Ms. MD Bora, learned Junior Government Advocate for the respondents.

¶21

The father of the petitioner Taizuddin Ahmed, who was a constable under the Superintendent of Police, Nalbari, died in harness on 12.12.2015. On his death, the petitioner, as per the recommendation of the DLC of Nalbari district in its meeting of 24.06.2016 and as approved by the SLC in its meeting dated 18.06.2018 was recommended for appointment as Constable (AB). After being selected for appointment, the petitioner developed an adverse medical condition due to an ‘old ruptured luteal cyst with appendicitis’ for which she was required to undergo surgery at Global Hospital of Surgery and Institute of Endo Laproscopy at Guwahati. A medical discharge certificate of the hospital concerned is available at Annexure-1 of the writ petition.

¶22

Upon being declared fit after the medical surgery, the order of appointment dated 14.02.2019 was issued in favour of the petitioner. But as the petitioner was appointed as an AB constable, she was required to undergo the required police training at the Police Training Institute at Dergaon. But because of her earlier adverse medical condition, the petitioner made an application dated 20.11.2019 to the Director General of Police requesting that she may be posted at any other post within the police force, which may not require the petitioner to undergo such rigorous police training course. As nothing was done, the petitioner was compelled to make a request to the Superintendent of Police, Nalbari that she be discharged from service as she was physically and mentally

¶23

Page No.# 3/4

¶24

unable to carry on with the police training course. The Superintendent of Police accordingly by the order dated 02.01.2020 discharged the petitioner.

¶25

A judicial notice can be taken that in the Assam Police, there may be many such posts, which do not require a rigorous police training. If the petitioner was actually in an adverse medical condition, appointing her as an AB constable and requiring her to undergo a rigorous police training which she is physically unable to bear, cannot be understood to have been a compassionate appointment made to the petitioner by the police authorities. If the respondents were required to make a compassionate appointment, there ought to have been further compassion to also evaluate the petitioner as to for what kind of post would have been suitable for her considering her adverse medical condition.

¶26

Strong reliance is made on the order dated 02.01.2020 of the Superintendent of Police, Nalbari that the petitioner had been discharged from service upon having resigned as she was physically and mentally unable to bear the rigorous police training.

¶27

The said approach of the Superintendent of Police appears to be without compassion and without any reasonable application of mind to examine the actual physical and medical condition that the petitioner was in rather than, taking a perfunctory view that if she cannot undergo the police training, she may leave the force.

¶28

As posts are also available within the Assam Police which may not require a rigorous police training, we are of the view that it was also a requirement on the part of the Superintendent of Police to consider as to whether the petitioner can be adjusted against any such post rather than taking a harsh view that if she is unable to bear any police training, she may leave the force and

¶29

Page No.# 4/4

¶30

accordingly having discharged her. Although the word ‘resignation letter’ is used, such resignation letter is also to be understood to be given by the petitioner in the circumstance which she was in, rather than it being a voluntary resignation from service.

¶31

Accordingly, as the earlier representation of the petitioner dated 20.11.2019 was made to the Director General of Police, Assam, we require the Director General of Police to look into the aspect and pass a reasoned order taking a more sympathetic and compassionate view on the circumstance for which such representation was made by the petitioner. The Director General of Police may subject the petitioner to a medical examination to find out as to whether the statement in the representation dated 20.11.2019 that she is unable to undergo any rigorous police training is factually correct or not. If the petitioner is found to be in a medical condition where she is unable to undergo any rigorous police training, the Director General of Police may take a more appropriate view on the matter and pass a reasoned order thereon.

¶32

The reasoned order be passed within a period of one month from the date of receipt of a certified copy of this order. Any reasoned order that may be passed by the Director General of Police shall supersede the earlier order dated 01.01.2020 of the Superintendent of Police, Nalbari.

¶33

The writ petition is disposed of as indicated above.

¶34

JUDGE

¶35

Comparing Assistant

Sehnaz Sultana v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

Sehnaz Sultana v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Smti. Mayuri Puzari Vs the State of Assam and 4 Ors.

The Union of India Vs on the Death of Subhash Banik His Legal Heirs

Dipu Langthasa Vs the State of Assam and 6 Ors.

Gakul Chandra Sarma Vs the State of Assam and 2 Ors.

Barada Talukdar and 6 Ors. Vs the State of Assam and 2 Ors.

Triloson Boro Vs the State of Assam and 8 Ors.