Allowed

Smti. Baby Das (Roy) v. the State of Assam and 7 Ors.

Gauhati HC7 Jun 2022WP(C)/7058/2021

Case brief

AI extract

What is this about?

The Court directed the District Level Committee to reconsider the petitioner's application for compassionate appointment. It set aside the State Level Committee's order rejecting the application due to lack of vacancies, citing the need to explore inter-departmental transfers under O.M. dated 01.06.2015.

What did the court decide?

Set aside SLC meeting minutes dated 21.02.2019 regarding the petitioner; direct DLC to reconsider the case under Clause 15 of O.M. dated 01.06.2015.

Smti. Baby Das (Roy) Vs the State of Assam and 7 Ors. — Service and Employment | Gauhati HC (2022)

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GAHC010166112021

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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)/7058/2021

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SMTI. BABY DAS (ROY) W/O- NEPAL ROY R/O- PALTAN BAZAR DIBRUGARH, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 7 ORS REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVERNMANT OF ASSAM, TAXATION DEPARTMENT, DISPUR, GUWAHATI-781006

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6 ASSAM

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3:THE EXECUTIVE ENGINEER DIBRUGARH E AND D DIVISION FLOOD CONTROL DEPARTMENT DIBRUGARH ASSAM

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4:THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT CHANDMARI GUWAHATI-3

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5:THE EXECUTIVE ENGINEER DIBRUGARH WATER RESOURCES DIVISION DIBRUGARH

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6:THE CHAIRMAN OF DIBRUGARH DISTRICT LEVEL COMMITTEE CM DEPUTY COMMISSIONER DIBRUGARH ASSAM

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7:THE DEPUTY COMMISSIONER OF TAXES DIBRUGARH ASSAM

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8:THE ADDITIONAL DEPUTY COMMISSIONER DIBRUGARH ASSAM

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9:THE STATE LEVEL COMMITTEE, HEADED BY THE CHIEF SECRETARY, ASSAM

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Advocate for the Petitioner : MR S DUTTA

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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07.06.2022

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Mr. S. Dutta, learned counsel appears for the petitioner. Mr. B.D. Goswami, learned Additional Advocate General assisted by Mr. C.S. Hazarika, learned Junior Government Advocate appears for the respondent nos.1, 3, 4, 5, 6, 7 & 8 while Mr. A. Chaliha, learned counsel appears for the respondent no.2.

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Mr. S. Dutta, learned counsel for the petitioner submits that the petitioner’s application for compassionate appointment was recommended by the concerned District Level Committee (DLC) in it’s meeting minutes dated 30.01.2018. However, the State Level Committee (SLC) rejected the petitioner’s application for compassionate

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appointment in it’s meeting minutes dated 21.02.2019, on the ground that there was no available vacancy earmarked for appointment under compassionate ground in the cadre of Grade-IV Khalasi under Dibrugarh WR Division.

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The petitioner being aggrieved has filed the present writ petition. However, the affidavit of the respondent no.4 at paragraph 10 states that while the petitioner’s mother is drawing Government family pension, the brother of the petitioner has been appointed on compassionate ground and is working as a Khalasi in the concerned division. Further, the petitioner is drawing provisional family pension and has received all other pensionary benefits in respect of her husband Nepal Roy.

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On considering the submissions made by the counsels for the parties, it is clear that the petitioner’s case has been rejected only on the ground of there being no available vacancy for compassionate appointment in the cadre of Grade-IV Khalasi under the Dibrugarh Water Resource Division. However, in the view of this Court, the State respondents should have also considered the case of the petitioner in terms of Clause 15 of the O.M. dated 01.06.2015.

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5. Clause 15 of the O.M. dated 01.06.2015 states as follows :-

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“ If sufficient vacancies are not available in any particular office to accommodate the persons in the waiting list for compassionate appointment, it is open to the Administrative Department/Office to

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take up the matter with other Departments/Offices of the Government to provide at an early appointment on compassionate grounds to those in the waiting list .”

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In view of the fact that the respondents have not considered the case of the petitioner, in terms of Clause 15 of the O.M. dated 01.06.2015, and especially the SLC which is chaired by the Chief Secretary, Assam, this Court directs the DLC to re-consider the case of the petitioner for compassionate appointment in terms of Clause 15 of the O.M. dated 01.06.2015.

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In view of the oral prayer made by Mr. S. Dutta, learned counsel for the petitioner, the State Level Committee, headed by the Chief Secretary, Assam is impleaded as respondent no.9.

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Registry to make necessary correction to the Cause Title.

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Mr. C.S. Hazarika, learned Junior Government Advocate accepts notice on behalf of the respondent no.9.

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Consequently, in view of the direction passed by this Court to the DLC to re-consider the case of the petitioner in terms of Clause 15 of the O.M. dated 01.06.2015, the SLC meeting minutes dated 21.02.2019, in so far as it relates to the petitioner, is hereby set aside.

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The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Smti. Baby Das (Roy) v. the State of Assam and 7 Ors.

Case brief

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Smti. Baby Das (Roy) v. the State of Assam and 7 Ors.

Case brief

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