Allowed

Sandhya Rajbonshi v. the State of Assam and 6 Ors.

Gauhati HC23 Sept 2022WP(C)/742/2019

Case brief

AI extract

What is this about?

The petitioner challenged the recommendation for compassionate appointment. The Court agreed with parties that justice would be served if the petitioner is considered for another vacant post under Clause 15 of the OM dated 01.06.2015 and remanded the matter for fresh consideration.

What did the court decide?

Writ petition allowed; matter remanded to District Level Selection Committee for Barpeta district for fresh consideration of the petitioner's claim under Clause 15 of the OM dated 01.06.2015.

Sandhya Rajbonshi Vs the State of Assam and 6 Ors. — Service and Employment | Gauhati HC (2022)

¶1

Page No.# 1/3

¶2

GAHC010022102019

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : WP(C)/742/2019

¶5

SANDHYA RAJBONSHI

¶6

W/O. LT. HARESWAR RAJBONGSHI, VILL. NIZDAMKA, P.O. SORBHOG, P.S. SORBHOG, DIST. BARPETA, ASSAM-781317.

¶7

VERSUS

¶8

THE STATE OF ASSAM AND 6 ORS. REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-06.

¶9

2:THE STATE LEVEL SELECTION COMMITTEE ON COMPASSIONATE GROUND REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-06 ASSAM.

¶10

3:THE COMMISSIONER AND SPL. SECRETARY TO THE GOVT. OF ASSAM PUBLIC WORKS DEPTT. (ROADS) DISPUR GUWAHATI-06. 4:THE CHIEF ENGINEER

¶11

PUBLIC WORKS DEPARTMENTS (ROADS) ASSAM CHANDMARI GUWAHATI.

¶12

5:THE DY. COMMISSIONER CUM THE CHAIRMAN

¶13

DIST. LEVEL SELECTION COMMITTEE ON COMPASSIONATE GROUND

¶14

Page No.# 2/3

¶15

DIST. BARPETA ASSAM-781301.

¶16

6:THE EXECUTIVE ENGINEER

¶17

PUBLIC WORKS DEPTT. (ROADS) BARPETA RURAL ROADS DIVISION BARPETA DIST. BARPETA ASSAM-781301.

¶18

7:GANESH CHOUHAN

¶19

S/O. LT. RAMLAL CHOUHAN R/O. INSTITUTIONAL BANGLAW PWD (ROADS) BARPETA ROAD P.O. AND P.S. BARPETA ROAD DIST. BARPETA ASSAM-781315

¶20

Advocate for the Petitioner : MR. K R PATGIRI

¶21

Advocate for the Respondent : GA, ASSAM

¶22

BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

¶23

ORDER

¶24

Date : 23-09-2022

¶25

Heard Mr. K R Patgiri, learned counsel for the petitioner. Also heard Mr. H Sarma, learned counsel for the respondents no. 1, 2 and 5 respectively, being the Chief Secretary and Deputy Commissioner, Barpeta, Ms. S Sarma, learned counsel for the respondents no. 3, 4 and 6 being the authorities under the PWD and Mr. S R Barbhuiya, learned counsel for the respondent no. 7.

¶26

The recommendation of the respondent for compassionate appointment is assailed by the writ petitioner in this writ petition.

¶27

It is agreed between the parties that instead of adjudicating on the recommendation of the respondent no. 7, the interest of justice would also be served if the petitioner is considered against any other vacant post in any other Department in terms of Clause 15 of

¶28

Page No.# 3/3

¶29

the OM dated 01.06.2015.

¶30

In view of such agreement, the matter stands remanded back to the DLC of Barpeta district for a fresh consideration on the claim of the petitioner in terms of Clause 15 of the OM dated 01.06.2015.

¶31

Writ petition stands allowed as indicated above and to be placed before the next available DLC of Barpeta district.

¶32

JUDGE

¶33

Comparing Assistant

Sandhya Rajbonshi v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

Sandhya Rajbonshi v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Janak Kalita and 6 Ors. Vs the State of Assam and 3 Ors.

Dhuni Raj Joshi Vs the State of Assam and 5 Ors.

Deepshikha Sharma Vs the State of Assam and 3ORS

Deba Kumar Borah Vs the State of Assam and 3 Ors.

Hukum Ali Vs the Chief Executive Officer and 16 Ors.

Ajmat Ali Vs the Chief Executive Officer and 13 Ors.