Disposed

Chanakya Hazarika v. the State of Assam and 4 Ors.

Gauhati HC17 Jun 2022WP(C)/584/2022

Case brief

AI extract

What is this about?

The petitioner sought appointment on compassionate ground after exceeding State vacancy quota. The court directed the State Level Committee to consider the petitioner and 34 others referred for consideration under Para-15 of O.M. dated 01.06.2015 in the next meeting pending vacancy intimation.

What did the court decide?

The writ petition was disposed of with a direction to the State Level Committee to consider the petitioner and 34 others in the next SLC meeting subject to vacancy availability.

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

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GAHC010007992022

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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)/584/2022

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CHANAKYA HAZARIKA

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S/O. LT. LALIT HAZARIKA, R/O. JELEHUA GAON, P.S. DERGAON, DIST. GOLAGHAT, ASSAM.

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VERSUS

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THE STATE OF ASSAM AND 4 ORS

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REP. BY THE COMM. AND SECY., TO THE GOVT. OF ASSAM, IRRIGATION DEPTT., CHANDMARI, GUWAHATI, ASSAM.

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2:THE STATE LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT

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REP. BY ITS CHAIRMAN THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-781006 ASSAM.

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3:THE DISTRICT LEVEL SELECTION COMMITTEE FOR COMPASSIONATE APPOINTMENT

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GOLAGHAT REP. BY ITS CHAIRMAN DEPUTY COMMISSIONER GOLAGHAT ASSAM.

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4:THE CHIEF ENGINEER

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IRRIGATION DEPTT. CHANDMARI GUWAHATI-781003 ASSAM.

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5:THE EXECUTIVE ENGINEER

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GOLAGHAT DIVISION (IRRIGATION) GOLAGHAT ASSAM

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Advocate for the Petitioner : MS PADMINI BARUA

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Advocate for the Respondent : Ms. D. S. Neog, GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE NANI TAGIA

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ORDER

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Date : 17-06-2022

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Heard Ms. P. Barua, learned counsel for the petitioner. Also heard Ms. S. Barua, learned Junior Government Advocate for respondent nos. 1, 2 & 3 and Ms. D. S. Neog, learned counsel for respondent nos. 4 & 5.

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The petitioner, son of late Lalit Hazarika, who was working as a Sectional Assistant in the Office of the Executive Engineer, Irrigation Department, Golaghat, died-in-harness on 14.07.2013, had submitted an application for appointment on compassionate ground, which was recommended by the District Level Committee (DLC), Golaghat, in the meeting held on 16.11.2015 for appointment in a Grade-IV post in the Office of the Executive Engineer, Irrigation Department, Golaghat, Government of Assam, was sent for further consideration by the State Level Committee (SLC). The recommendation made by the District Level Committee (DLC) in respect of the petitioner, however, did not find a favorable consideration by the State Level Committee (SLC) in the meeting held on 15.09.2021 on the ground that the 5% vacancies earmarked for the appointment on compassionate ground in the Department has been exhausted. While rejecting the case of the petitioner for appointment on

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compassionate ground by the State Level Committee (SLC) in the meeting held on 15.09.2021, the State Level Committee (SLC), however, had resolved to refer the case of 35 nos. of such applicants, including the petitioner, to other Administrative Departments of the Government of Assam for considering their candidature against the available vacant posts, if any, as per the provision under paragraph-15 of the O.M. dated 01.06.2015. The petitioner, therefore, has filed this writ petition seeking a direction to the respondent authorities to consider his case for compassionate appointment at the next State Level Committee (SLC) meeting to be convened in terms of the decision of the State Level Committee (SLC) held on 15.09.2021.

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Ms. Baruah, learned Junior Government Advocate representing respondent nos. 2 & 3, by referring to the counter-affidavit filed by respondent nos. 2 & 3, however, submits that the State Level Committee (SLC) is yet to receive any intimation from other Administrative Departments as regards the availability of vacant posts for giving appointment to the candidates on compassionate ground.

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Upon consideration of the rival contentions advanced by the parties, since the State Level Committee (SLC) in its meeting held on 15.09.2021 has already resolved to refer 35 nos. of such applicants, including the petitioner, whose case for appointment on compassionate ground did not receive a favorable consideration in the State Level Committee (SLC) meeting held on 15.09.2021, to refer it to the other Administrative Departments of the Government of Assam for considering the candidature against available vacant posts, if any, as per Provision under Paragraph-15 of the O.M. dated 01.06.2015, this writ petition is hereby disposed of with a direction to the State Level Committee (SLC) to consider the case not only of the petitioner but of all the 35 nos. of cases, which

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have been resolved to refer to the other Administrative Departments of the Government of Assam for considering their candidatures against the available vacant posts, if any, as per paragraph-15 of the O.M. dated 01.06.2015, in the State Level Committee (SLC) meeting held on 15.09.2021; in the next State Level Committee (SLC) meeting to be held subject to the availability of vacant posts for appointment on compassionate ground, as may be intimated by the other Administrative Departments of the Government of Assam.

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The writ petition stands disposed of, in terms above.

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JUDGE

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Comparing Assistant

Chanakya Hazarika v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Chanakya Hazarika 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

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Parties & counsel

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