Disposed

B Krishna Rao v. the State of Assam and 2 Ors.

Gauhati HC2 Jun 2022WP(C)/286/2022

Case brief

AI extract

What is this about?

Petitioner seeks compassionate appointment following his mother's death in service. Court directs respondent authorities to determine if the post is regular and refers the application to the District Level Committee for decision within guidelines.

What did the court decide?

Orders respondent no.1, 2 & 3 to send application to concerned DLC for consideration and decision in the next meeting regarding compassionate appointment.

B Krishna Rao Vs the State of Assam and 2 Ors. — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010007622022

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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)/286/2022

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B KRISHNA RAO S/O LATE B. DAMOYANTI

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R/O FOREST PROTECTION COLONY, WARD NO. 8, P.O. RONGKHALAN, P.S. DIPHU, DIST. KARBI ANGLONG, PIN-782462.

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VERSUS

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THE STATE OF ASSAM AND 2 ORS REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, FOREST DEPARTMENT, DISPUR, GUWAHATI-06.

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2:KARBI ANGLONG AUTONOMOUS DISTRICT COUNCIL

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DIPHU REP. BY THE PRINCIPAL SECRETARY KARBI ANGLONG DIPHU PIN-782460.

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3:THE DIVISIONAL FOREST OFFICER

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KARBI- ANGLONG EAST DIVISION DIPHU PIN-782460

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Advocate for the Petitioner : MR. P C DEY

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Advocate for the Respondent : SC, FOREST

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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02.06.2022

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Heard Mr. I. Haque, learned counsel for the petitioner, who submits that the petitioner’s mother died-in-harness on 15.03.2014, while working as a ‘Paniwala’ in the office of the respondent no.3. The petitioner filed an application for compassionate appointment on 25.05.2014 before the respondent no.3, praying to appoint him on compassionate ground. The grievance of the petitioner is that till date, the petitioner’s case has not been sent to the concerned District Level Committee (DLC) for consideration.

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Ms. S. Kemprai, learned counsel appearing for the respondent nos.2 & 3 submits that it is unclear as to whether the post of ‘Paniwala’ is a regular sanctioned post. She submits that if the post of ‘Paniwala’ is not a regular sanctioned post, there is no question of considering the case of the petitioner for compassionate appointment.

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I have heard the learned counsels for the parties.

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The stand of the petitioner is that the petitioner’s mother was appointed as ‘Paniwala’ in the year 1993 in the office of the respondent no.3 and she worked in the said office till her death, i.e. after 20 years.

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The above being said, this Court is of the view that the present

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Page No.# 3/3

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petition can be disposed of with the respondent authorities enquiring into the issue raised by the respondents’ counsel, as to whether the post of ‘Paniwala’ is a regular sanctioned post. Accordingly, the respondent nos.1, 2 & 3 are directed to send the petitioner’s application to the concerned DLC, for consideration of the petitioner’s application for compassionate appointment, who should thereafter take a decision on the same, in terms of the parameters and guidelines laid down by the State Government and this Court. The question whether the post of ‘Paniwala’ is a regular sanctioned Government post can also be decided by the DLC. The respondents should ensure that the concerned DLC takes a decision on the petitioner’s application in the next DLC meeting.

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The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

B Krishna Rao v. the State of Assam and 2 Ors.

Case brief

What is this about?

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B Krishna Rao v. the State of Assam and 2 Ors.

Case brief

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