Allowed

Bapan Baishya v. the State of Assam and 5 Ors.

Gauhati HC17 Jun 2022WP(C)/4145/2020

Case brief

AI extract

What is this about?

Petitioner sought compassionate appointment for his deceased father. The District Level Committee rejected the claim due to a two-year delay. The Court held the two-year bar applies only if prior rejection for lack of vacancy occurred, which was not the case here.

What did the court decide?

Remanded to the District Level Committee to consider the petitioner's claim against any vacant post for which he is qualified.

Bapan Baishya Vs the State of Assam and 5 Ors. — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010099782020

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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)/4145/2020

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BAPAN BAISHYA

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S/O LT. KUMUD CHANDRA BAISHYA, VILL. 6 NO. COLONY PANDU, P.O. PANDU-781012, DIST. KAMRUP(M), ASSAM

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VERSUS

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THE STATE OF ASSAM AND 5 ORS.

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REP BY THE SECRETARY TO THE GOVT. OF ASSAM, WATER RESOURCES DEPTT. ASSAM,DISPUR, GUWAHATI-6

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2:THE SECRETARY TO THE GOVT OF ASSAM WATER RESOURCE DEPTT. ASSAM DISPUR GUWAHATI-6

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3:THE STATE LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT( REP. BY ITS CHAIRMAN THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-6

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4:THE DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT BARPETA DISTRICT REP. BY THE DEPUTY COMMISSIONER BARPETA DIST. P.O. BARPETA-781301 ASSAM

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5:THE DEPUTY COMMISSIONER BARPETA P.O. BARPETA

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Page No.# 2/3

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781301 ASSAM 6:THE EXECUTIVE ENGINEER LOWER ASSAM INVESTIGATION DIVISION WATER RESOURCE DEPTT. BARPETA ROAD P.O. BARPETA 781301 DIST. BARPETA ASSA

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Advocate for the Petitioner : MR. N DHAR

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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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17.06.2022

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Heard Ms. S Dasgupta, learned counsel for the petitioner, Mr. P Kakati, learned counsel for the respondents No. 1, 2 and 6 as well as Mr. H Sarma, learned Additional Senior Government Advocate for the respondents No. 3, 4 and 5.

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The father of the petitioner Kumud Chandra Baishya, who was working as a Section Assistant in the office of the Executive Engineer, Lower Assam Investigation Division, Water Resource Department in the Barpeta District, died in harness on 16.06.2002 and on his death, the petitioner submitted an application for compassionate appointment on 27.01.2003, although according to the respondents the date of application was 12.01.2004. Be that as it may, the said application was placed before the DLC of Barpeta district in its meeting of 07.09.2011, but it stood rejected by providing that two years had elapsed in the meantime.

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Page No.# 3/3

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We are unable to accept the reasoning of the DLC of Barpeta district inasmuch as, the proposition of two years have elapsed is available only when an application is earlier rejected for want of vacancy and thereafter kept pending for more than two years.

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In the instant case, no material is produced before the Court that the application of the petitioner was earlier rejected for want of vacancy.

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Consequently, the said reasoning of two years going by would be unavailable and the matter stands remanded back to be placed before the next available DLC of Barpeta district to consider the claim of the petitioner against any vacant post in any other Department for which the petitioner may have the necessary qualification.

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By requiring the matter to be remanded back to the DLC, we are clarifying that this is not a direction from the Court to give appointment to the petitioner, but for a legitimate consideration by the DLC of the claim of the petitioner as per law.

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

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Comparing Assistant

Bapan Baishya v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Bapan Baishya v. the State of Assam and 5 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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