Allowing a PIL, the court held that DLC cannot reject compassionate appointment due to lack of vacancies in the specific posted department. Directed Executive Engineer to seek vacancies from other departments within 6 months of death.
Directed Executive Engineer to urgently seek vacancies from other departments and reconsider petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010006672020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/243/2020
KABIR AHMED CHOUDHURY
S/O LT. SAMIR UDDIN CHOUDHURY, R/O VILL. GONIRGRAM PART. IV, P.O. GONIRGRAM, DIST. CACHAR, ASSAM, PIN-788025
VERSUS
THE STATE OF ASSAM AND 5 ORS REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, PUBLIC HEALTH ENGINEERING DEPTT. DISPUR, GUWHATI-6
2:THE DEPUTY COMMISSIONER CACHAR ASSAM 3:THE DISTRICT LEVEL COMMITTEE HEADED BY THE DEPUTY COMMISSIONER CACHAR CHAIRMAN OF THE DISTRICT LEVEL COMMITTEE CACHAR
4:THE CHIEF ENGINEER PHE (P) ASSAM HENGRABARI GUWAHATI-36 KAMRUP (M) ASSAM 5:THE ADDITIONAL CHIEF ENGINEER PHE BARAK VALLEY ZONE SILCHAR-788001
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6:THE EXECUTIVE ENGINEER PHE SILCHAR DIVISION NO. 1 SILCHAR CACHAR ASSA
Advocate for the Petitioner : MR J I BARBHUIYA
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
Date : 10-08-2022
JUDGMENT & ORDER (ORAL)
Heard Mr. FA Laskar, learned counsel for the petitioner, Mr. D Gogoi, learned counsel for the respondents no. 1, 4, 5 and 6 being the authorities in the PHE Department of the Government of Assam and Mr. SS Roy, learned Junior Government Advocate for the respondents No. 2 and 3 being the Deputy Commissioner, Cachar.
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Pradesh and others –vs- Ashish Awasthi, reported in (2022) 2 SCC 157 in paragraph 5 had held that a compassionate appointment would be governed by the scheme that prevailed at the time of death.
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itself provides for a procedure that the department to which the application is made would take it up with any other department as regards availability of vacancies and if the information that would flow back from the other department would indicate that vacancies are available, after completing the said procedure, consideration may be made to an application against any vacant post in any other department.
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The writ petition is allowed to the extent as indicated above.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the District Level Committee (DLC) could reject a compassionate appointment application solely due to lack of vacant posts in the specific department mentioned.
Whether the Executive Engineer is required to seek vacancies from other government departments for compassionate appointment.
Whether compassionate appointments must be considered within six months of the death.
Colour shows how this judgement treated each authority
State of Madhya Pradesh and others vs. Ashish AwasthiRelied on¶1920
State of Madhya Pradesh and others –vs- Ashish Awasthi
KABIR AHMED CHOUDHURY
THE STATE OF ASSAM
THE DEPUTY COMMISSIONER CACHAR ASSAM
THE DISTRICT LEVEL COMMITTEE HEADED BY THE DEPUTY COMMISSIONER CACHAR
THE CHIEF ENGINEER PHE (P) ASSAM
THE ADDITIONAL CHIEF ENGINEER PHE BARAK VALLEY ZONE SILCHAR
ACHINTYA MALLA BUJOR BARUA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
