This order addresses a dispute concerning compassionate appointment. The Court held that a departmental Secretary diverted to contempt proceedings after ignoring a prior Full Bench judgment.
Set aside the impugned order of rejection and direct the authorities to place the petitioner's claim before the State Level Committee.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010015732022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/666/2022
ANUPAM SAIKIA
S/O- LATE ANANTA SAIKIA, R/O- TARAPUR E AND D COLONY, P.O. TARAPUR, DIST. CACHAR, ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS
TO BE REP. BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI-781006.
2:THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM CUM CHAIRMAN STATE LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT DISPUR GUWAHATI-6.
3:THE SECRETARY TO THE GOVT. OF ASSAM IRRIGATION DEPARTMENT DISPUR GUWAHATI-781006.
4:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM IRRIGATION DEPARTMENT DISPUR GUWAHATI-781006.
5:THE CHIEF ENGINEER IRRIGATION ASSAM CHANDMARI GUWAHATI-781003.
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6:THE DISTRICT LEVEL COMMITTEE REP. BY THE DEPUTY COMMISSIONER SILCHAR CACHAR P.O. SILCHAR DIST. CACHAR ASSAM PIN- 788001
Advocate for the Petitioner : MR F A LASKAR
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
JUDGMENT & ORDER (ORAL)
Date : 28-04-2022
Heard Mr. F A Laskar, learned counsel for the petitioner. Also heard Ms. D S Neog, learned counsel for the respondents no. 1, 3, 4 and 5 being the authorities under the Irrigation Department of Government of Assam and Ms. M D Bora, learned counsel for the respondents no. 2 and 6 respectively, being the Chief Secretary and Deputy Commissioner, Cachar.
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death, the petitioner was a minor.
“It is the case of the petitioner that the District Level Committee , Cachar in its meeting held on 23.7.2010 had recommended the case of the petitioner for appointment on compassionate ground.
From the proceedings of the District Level Committee, it is seen that the date of birth of the petitioner is 29.7.1988. Date of submission of the application for compassionate appointment is shown as 30.11.2009. Thus, he had submitted the application after he had attained 21 years of age. For the aforesaid reason, prima facie, the ground of rejection of the application of the petitioner does not appear to be justified. Accordingly, the decision rejecting the application of the petitioner for compassionate appointment is set aside and the matter is remanded back to the State Level Committee (respondent No.5) to consider the case of the petitioner afresh for appointment on compassionate ground in its next meeting.
Writ petition is disposed of. No cost.”
“Whereas a proposal for appointment on Compassionate ground in respect of Shri Shri Anupam Saikia, S/o LateAnanta Saikia, Ex-Helper, O/o the E.E., Silchar Mechl. Divn.(1), Kanakpur has been received from the O/o the Chief Engineer (Irrigation), Assam vide their letter No.CEI(E)77/2011/56 dt. 15.06.2011 and the same has been placed in the State Level Committee meeting held on 29.09.2012 for recommendation. As per Personnel (B) Deptt. O.M. No.ABP.357/80/Vol-I/303, dt.02.03.2009 the proposal was rejected by the SLC as on the
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date of death of his father on that time he attained the age of 10 years 7 months 28 days. When he submitted his application for appointment on Compassionate Ground after lapse of 10 years 8 months 3 days which is beyond the time period of submission of 3(three) months. The proposal was rejected by the S.L.C. as lower age as per existing norms of appointment under Compassionate ground. As per norms applicant should apply for appointment on Compassionate ground within 3 months of the date of death. In this case Late Ananta Saikia was expired on 27.03.199 and the son of the deceased employee had submitted application for appointment on Compassionate ground on 30.11.2009 after lapse of 10 years 8 months 3 days of the date of death of his father.
ORDER
After careful consideration of all fact, this Department is not in a position to recommend the candidate for appointment on Compassionate ground due to non fulfillment of criteria.”
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address of Sri K Dloey, the then Secretary/the Secretary of the Irrigation Department.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether an authority can take a different view or disregard a previous judgment of the High Court in the same matter under Article 226.
1 provisions across 1 enactments
Anupam Saikia
State of Assam
Principal Secretary to the Government of Assam
The Chief Secretary to the Government of Assam cum Chairman State Level Committee for Compassionate Appointment
Secretary to the Govt. of Assam Irrigation Department
Deputy Commissioner Silchar
Achintya Malla Bujor Barua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
