Petitioner sought compassionate appointment for her husband, a constable who died in harness. The application was rejected due to lack of vacancies. Court found writ petition infructuous as applicant had already filed before District Level Committee without consideration.
The writ petition is closed as infructuous.
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GAHC010088162022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3058/2022
MAINA BORAH
W/O- LATE MONTU ALIAS MANTU BORAH (A.B CONSTABLE) RESIDENT OF JAIL ROAD, WARD NO- 10, KOKRAJHAR, DIST- KOKRAJHAR BTAD, ASSAM
VERSUS
1: THE STATE OF ASSAM AND 3 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, HOME (A) DEPARTMENT , DISPUR, GUWAHATI, ASSAM
2:THE INSPECTOR GENERAL OF POLICE
(A) ASSAM ULUBARI GUWAHATI-781007
3:THE DEPUTY INSPECTOR GENERAL OF POLICE (A) ASSAM GUWAHATI
4:THE SUPERINTENDENT OF POLICE SIVASAGAR ASSAM
Advocate for the Petitioner : MS D CHAUDHURY
Advocate for the Respondent : GA, ASSAM
– – B E F O R E
HON’BLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 10-06-2022
Heard Ms. D. Choudhury, learned counsel for the petitioner. Also heard Mr. A. Chakraborty, learned counsel appearing for all the respondents.
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The petitioner’s case is that her husband died in harness on 14.12.2012, while working as Constable under the Assam Police at Sivasagar.
Learned counsel for the petitioner submits that the petitioner’s husband was a Constable (Armed Branch) under the Sivasagar District Executive Force. After the death of her husband, the petitioner submitted an application for compassionate appointment in January, 2013 and that the fate of her application has not been made known to her by the respondents.
Mr. A. Chakraborty, learned counsel for the respondents submits that he has received instructions vide letter dated 06.06.2022 issued by the Inspector General of Police (A), Assam, which contains the para-wise comments issued by the Superintendent of Police, Sivasagar and which his addressed to the Inspector General of Police (A), Assam, vide letter No.SVR/E/2022/853 dated 04.06.2022.
On perusing the para-wise comments dated 04.06.2022, it is seen that the petitioner’s application for compassionate appointment had been rejected on the ground that there is no vacancy in Grade-IV post till 2017. The relevant extract of the para-wise comments at Paragraph 3 of the letter dated 04.06.2022, issued by the Superintendent of Police, Sivasagar, is reproduced below:
“ Para – 3:
On the basis of the application dtd. 6th June, 2013 submitted by the applicant, a proposal along with the relevant documents/information was sent to the office of the Deputy Commissioner, Sivasagar vie this office memo no.E/SVR/14/656 dtd. 23rd May, 2014 for consideration by the District Level Committee (DLC) for appointment of the applicant in a Grade-IV post. However, her petition was not considered by the DLC
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held on 15th July, 2014 citing that ‘the vacancy position not shown in the proposal and instructed to re-submit the proposal with essential vacancies.’ It is submitted that there was no vacancy of Grade-IV post in this establishment till 2017 and hence her case could not be considered. Since, her petition could not be processed further for want of vacancy of Grade-IV post in this establishment for a period of about 4(four) years, the matter could not be considered further as per the laid down Principle 10 of the Office Memorandum vide no.ABP/50/2006/Pt./182 dtd. 01/06/2015 issued by the Additional Chief Secretary to the Govt. of Assam, Department of Personnel (B), Dispur, Guwahati.”
In view of the fact that the petitioner’s application has been rejected by the concerned District Level Committee (DLC), this Court is of the view that the present writ petition has become infructuous.
Accordingly, the writ petition is closed as infructures.
The letter dated 04.06.2022 issued by the Superintendent of Police, Sivasagar, containing the para-wise comments in connection with this case, is made a part of the record and marked as Annexure ‘X’.
J U D G E
Comparing Assistant
MAINA BORAH
THE STATE OF ASSAM AND 3 ORS
MICHAEL ZOTHANKHUMA
As recorded by the court registry
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