Disposed

Tinku Das v. the State of Assam and Anr.

Gauhati HC13 Jun 2022WP(C)/6395/2017

Case brief

AI extract

What is this about?

The Gauhati High Court, via a single judicial officer, disposed of a writ petition seeking appointment for a minor on compassionate grounds due to the father's death. The court noted no appearance by the petitioner, relied on the Supreme Court's stance against late reservations for minors, and directed the respondent authorities to consider an earlier representation filed by the mother.

What did the court decide?

Directed the respondent authorities to consider and dispose of the representation dated 08.12.2015 filed by the petitioner's mother, if not yet disposed of.

Tinku Das Vs the State of Assam and Anr. — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010045382017

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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)/6395/2017

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TINKU DAS

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S/O. LT. KUMARESH CH. DAS, VILL. BORBAND-I, P.O. BORBAND, P.S. HAILAKANDI, DIST. HAILAKANDI, ASSAM.

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VERSUS

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THE STATE OF ASSAM and ANR REP. BY THE SECRETARY TO THE HOME DEPTT., DISPUR, GHY.-06.

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2:THE COMMANDANT

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ASSAM SPECIAL RESERVE FORCE BATTALION-II KARAGAON KARBIAGLONG

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Advocate for the Petitioner : MS.A DAS

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Advocate for the Respondent : GA, ASSAM

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE NANI TAGIA

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ORDER

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Date : 13.06.2022

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None appears for the petitioner, on call. However, Ms. M. D. Borah, learned Junior Government Advocate, is present on behalf of the State Respondents.

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It is noticed that none had appeared for the petitioner on 27.10.2017 as well as on 26.11.2020, when this matter was listed before the Court for hearing.

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This writ petition has been filed by the petitioner, namely, Sri Tinku Das, praying for appointment in the Department of ASRF, Bn-II, Karagaon, Karbi Anglong, in any Grade-IV post, on compassionate ground on account of the death of his father on 31.01.2008 while he was serving as a Constable in the said Battalion.

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Ms. Borah, learned Junior Government Advocate, submits that the petitioner who is shown to be 21 years at the time of filing of the writ petition, was a minor at the time of the demise of his father in the year 2008.

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As held by the Hon’ble Apex Court in Sanjay Kumar v. State of Bihar & Ors. [reported in (2000) 7 SCC 192 ], that there cannot be any reservation for the minor for appointment on compassionate ground and the object of compassionate appointment being primarily meant to mitigate the immediate financial hardships of the family of the deceased employee; therefore, this writ petition having been filed after about 9 years of the death of the petitioner’s father, has no merit and the same deserves to be dismissed.

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I have heard the contention of the learned Junior Government Advocate.

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Page No.# 3/3

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From the record, it is, however, noticed that one representation, dated 08.12.2015, appears to have been filed by one Smt. Shikha Das, the mother of the petitioner, to the respondent No. 2/Commandant, ASRF Bn.-II, Karagaon, Karbi Anglong, with a prayer for appointment on compassionate ground.

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Since none has appeared for the petitioner and having regard to the past conduct of the counsel for the petitioner, it appears to be unlikely that the learned counsel for the petitioner will appear before the Court to pursue this matter on a future date and also having taken note of the contention raised by the learned Junior Government Advocate; I am, however, of the considered view that ends of justice would be met if the representation, dated 08.12.2015, submitted to the respondent No. 2/Commandant, ASRF Bn.-II, Karagaon, Karbi Anglong, by the mother of the petitioner, is dealt with, in accordance with law by the respondent No. 2/Commandant, ASRF Bn.-II, Karagaon, Karbi Anglong and other appropriate authorities.

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In that view of the matter, this writ petition stands disposed of with a direction to the respondent No. 2/ Commandant, ASRF Bn.-II, Karagaon, Karbi Anglong, and other appropriate authorities, to consider and dispose of the representation dated, 08.12.2015, as indicated above, if not yet disposed of.

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Ms. Borah, learned Junior Government Advocate, shall duly intimate the respondent authorities about the order passed by the Court today.

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Comparing Assistant

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JUDGE

Tinku Das v. the State of Assam and Anr.

Case brief

What is this about?

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Tinku Das v. the State of Assam and Anr.

Case brief

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