Disposed

Smt. Ambika Das v. the State of Assam and 7 Ors.

Gauhati HC4 Mar 2022WP(C)/1538/2022

Case brief

AI extract

What is this about?

Petitioner, recommended for compassionate appointment, sought direct appointment. Court directed respondents to identify vacant posts and process candidates within the 5% compassionate quota within two months before disposing of the petition.

What did the court decide?

Respondents directed to identify vacant posts and appoint recommended candidates within 5% compassionate quota within two months.

Smt. Ambika Das Vs the State of Assam and 7… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010024342022

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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)/1538/2022

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SMT. AMBIKA DAS

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W/O LATE TRAILUKYA DAS, VILL- LORULANGSO, DIPHU, P.O.-DIPHU, P.S.DIPHU, PIN-782460, DIST-KARBI ANGLONG, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, P.H.E. DEPARTMENT, GUWAHATI, DISPUR-06

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2:THE SUPERINTENDING ENGINEER (PHE) O/O THE CHIEF ENGINEER (PHE) WATER ASSAM HENGRABARI GUWAHATI-36

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3:KARBI NAGLONG AUTONOMOUS COUNCIL REPRESENTED BY ITS PRINCIPAL SECRETARY KARBI ANGLONG DIPHU

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4:THE PRINCIPAL SECRETARY KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU

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5:THE JOINT SECRETARY DEPARTMENT OF PERSONAL A KARBI ANGLONG AUTONOMOUS COUNCIL KARBI ANGLONG DIPHU

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6:THE JOINT SECRETARY DEPARTMENT OF PUBLIC HEALTH ENGINEERING DEPARTMENT KARBI ANGLONG DIPHU

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7:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT DIPHU RURAL W/S DIVISION KARBI ANGLONG 8:THE ADDITIONAL CHIEF ENGINEER (PHE) KARBI ANGLONG AUTONOMOUS COUNCIL DIPH

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Advocate for the Petitioner : MR B P BORAH

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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Date : 04.03.2022

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Heard Mr. B. P. Borah, learned counsel for the petitioner, who submits that despite the petitioner being recommended for compassionate appointment in terms of the District Level Committee (DLC) meeting minutes dated 28.08.2019, the petitioner has not been appointed to any post. He accordingly, submits that a direction should be issued to the respondents to appoint the petitioner to a vacant post.

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Mr. J. Chutia, learned counsel for the KAAC submits that as the petitioner has been recommended by the DLC for compassionate appointment along with thirteen other persons, the petitioner can be considered for appointment in respect of the 5% quota of vacant post reserved for compassionate appointment, by taking into account the need base/financial status of the candidates.

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In view of the submission made by the counsels of the parties, the only issue that is to be decided is whether there is any vacant post available to consider the petitioner for

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compassionate appointment in pursuance to the DLC recommendation dated 28.08.2019. This Court accordingly directs the respondent nos. 4 and 8 to identify the total number of vacant posts in Grade-III & Grade-IV in the District of Karbi Anglong. Thereafter, the respondent nos. 4 & 8 should make provisions for appointment on compassionate ground of the recommended candidates, within the 5% quota reserved for compassionate appointment from out of all the identified vacant posts and consider the case of the petitioner along with all other eligible candidates for compassionate appointment.

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The entire exercise should be conducted within a period of two months from the date of receipt of a certified copy of this order.

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The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Smt. Ambika Das v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

Smt. Ambika Das v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

Coram

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