Partly allowed

Prasanta Kalita v. the State of Assam and 4 Ors.

Gauhati HC7 Nov 2022WP(C)/2190/2022

Case brief

AI extract

What is this about?

The petitioner challenged the State Level Committee's rejection of his compassionate ground appointment application, arguing it was filed within one month of his mother's death, contrary to the Committee's claim it was filed after one year. The Court set aside the rejection.

What did the court decide?

Minutes of the State Level Committee dated 20.02.2022 are set aside insofar as they pertain to the petitioner, and the matter is remanded for reconsideration.

Prasanta Kalita Vs the State of Assam and 4… — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010059992022

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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)/2190/2022

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PRASANTA KALITA S/O LATE BASANTI BALA NATH R/O SIMLAJHAR P.O. MOUTUPURI P.S. GOBARDHANA DIST. BAKSA, ASSAM PIN-781316

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR, GUWAHATI781006

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2:THE STATE LEVEL COMMITTEE (SLC)

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REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM CUM CHAIRMAN SLC FOR APPOINTMENT ON COMPASSIONATE GROUND DISPUR GUWAHATI-781006

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3:THE DIRECTOR OF HEALTH SERVICES

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ASSAM HENGRABARI GUWAHATI-781036

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4:THE JOINT DIRECTOR OF HEALTH SERVICES

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BARPETA

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Page No.# 2/3

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P.O. AND DIST. BARPETA ASSAM PIN-781301 5:THE DISTRICT LEVEL COMMITTEE (DLC) REP. BY THE DEPUTY COMMISSIONER BARPETA ASSAM PIN-78130

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Advocate for the Petitioner : MR. S U AHMED

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Advocate for the Respondent : SC, HEALTH

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BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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Date : 07.11.2022

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Heard Mr. S.U.Ahmed, learned counsel for the petitioner. Also heard Mr. S.S.Roy, learned Govt. Advocate for respondent Nos. 2 and 5. Ms. D.Bora, learned standing counsel, Health Department for respondent Nos. 3 and 4.

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The mother of the petitioner while serving as Grade-IV employee at Howly Civil Hospital, died-in-harness on 05.04.2012. Thereafter, petitioner made an application for appointment on compassionate grounds on 10.05.2012. The District Level Committee in its meeting held on 02.11.2017 recommended the case of the petitioner for appointment to a Grade-IV post. Thereafter, the SLC in its meeting held on 20.02.2022 rejected the case of the petitioner on the ground that the petitioner made his application after 1(one) year, after the death of his mother.

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A perusal of the materials available on record as well as the minutes of the DLC in its meeting held on 02.11.2017, clearly indicates that the mother of the

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petitioner died on 05.04.2012, and the petitioner made his application on 10.05.2012. Therefore, it appears that the SLC had made a mistake while considering the case of the petitioner. Accordingly, the minutes of the SLC held on 20.02.2022 is set aside and quashed in so far as the petitioner is concerned.

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The matter is remanded back to the SLC for reconsideration of the case of the petitioner in its next immediate sitting by taking into consideration that the petitioner had made his application on 10.05.2012 which is within 1(one) month from the death of his mother. The final outcome of the consideration of the SLC shall also be communicated to the petitioner.

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With the above observations and directions, the writ petition is disposed of.

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JUDGE

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Comparing Assistant

Prasanta Kalita v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Prasanta Kalita v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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