Remanded

Bhaskarjyoti Saikia v. the State of Assam and 4 Ors.

Gauhati HC1 Aug 2022WP(C)/3541/2022

Case brief

AI extract

What is this about?

In a writ petition regarding delayed compassionate appointment, the Gauhati High Court held that rejection based solely on the application having spent its force is invalid if not preceded by a vacancy review. The matter is remanded to the District Level Committee for fresh consideration against vacant posts.

What did the court decide?

The matter remanded to the District Level Committee of Lakhimpur for fresh consideration of the compassionate appointment application against any vacant post.

Bhaskarjyoti Saikia Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010100842022

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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)/3541/2022

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BHASKARJYOTI SAIKIA S/O- LATE MOHANDRA SAIKIA R/O- VILL- KALITA GAON P.O AND P.S- GHILAMARA, LAKHIMPUR PIN-787053

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,P.W.D DEPARTMENT, DISPUR, GUWAHATI-6, DIST- KAMRUP (M) ASSAM 2:THE CHIEF ENGINEER P.W.D. BUILDING ASSAM CHANDMARI GUWAHATI-3 DIST- KAMRUP (M) ASSAM

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3:THE EXECUTIVE ENGINEER P.W.D. BUILDING LAKHIMPUR DISTRICT TERRITORIAL BUILDING DIVISION NORTH LAKHIMPUR ASSAM. 4:THE DEPUTY COMMISSIONER CUM- CHAIRMAN DISTRICT LEVEL COMMITTEE LAKHIMPUR DIST- LAKHIMPUR

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Page No.# 2/3

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ASSAM PIN-787001

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5:THE CHIEF SECRETARY ASSAM CUM CHAIRMAN OF THE STATE LEVEL COMMITTEE DISPUR GUWAHATI-06 DIST- KAMRUP (M) ASSA

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Advocate for the Petitioner : MR. P TALUKDAR

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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O R D E R

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01.08.2022

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Heard Mr. P Talukdar, learned counsel for the petitioner, Ms. MD Bora, learned Junior Government Advocate for the respondents No. 1, 4 and 5 and Mr. B Gogoi, learned counsel for the respondents No. 2 and 3.

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The father of the petitioner Mohandra Saikia, who was serving as a GradeIV employee in the office of the Assistant Executive Engineer, PWD (Building), Dhemaji, died in harness on 01.05.2008 and on his death, the petitioner submitted an application for compassionate appointment on 04.02.2010. The vernacular version of the application, which is available at page 22 Annexure-3A indicates that there is a round seal of the authority who had received the said application and the endorsement of the authorities is dated 05.02.2010. Perhaps, when the said application was not given a consideration, the petitioner submitted another application on 24.12.2021.

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Be that as it may, the subsequent application of the petitioner made on

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Page No.# 3/3

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24.12.2021 was placed before the DLC of Lakhimpur district in its meeting of 28.12.2021, but was rejected on the ground of it having spent its force. It is stated that the earlier application of 04.02.2010 was also placed before the DLC of Lakhimpur in a meeting of the year 2013, but was rejected on the ground of it having spent its force.

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The provisions under the law of there being no requirement to consider an application for compassionate appointment after two years is circumscribed to the condition that it must have been rejected earlier for want of vacancy. As it was not so done, the rejection only on the ground of it having spent its force as because two years have elapsed, may not be applicable in the present case of the petitioner.

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Considering the matter in its entirety and also in the interest of justice, the matter is remanded back to the DLC of Lakhimpur district for a fresh consideration against any vacant post if any such vacancy of the year 2010 still exist or else against any vacant post in any other department. Accordingly, the matter be now placed before the next available DLC of Lakhimpur district.

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The writ petition is allowed to the extent as indicated above.

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JUDGE

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Comparing Assistant

Bhaskarjyoti Saikia v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Bhaskarjyoti Saikia v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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