GAHC010038292023 THE GAUHATI HIGH COURT…
The resolution of the State Level Committee dated 22.01.2022 is set aside and the matter remanded for fresh decision within six months.
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GAHC010038292023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1211/2023
MAMIDUL HASSAN S/O- ABDUL BAREK R/O- VILL.- DABALIA PARA P.S. HOWLY DIST. BARPETA ASSAM PIN- 781316.
VERSUS
THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM COOPERATION DEPARTMENT DISPUR GUWAHATI-6.
2:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM COOPERATION DEPARTMENT DISPUR GUWAHATI-6. 3:THE REGISTRAR COOPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI. 4:THE STATE LEVEL COMMITTEE ON COMPASSIONATE APPOINTMENT REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-6. 5:THE DISTRICT LEVEL COMMITTEE ON COMPASSIONATE APPOINTMENT REPRESENTED BY THE DEPUTY COMMISSIONER
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BARPETA.
6:THE DISTRICT DEPUTY REGISTRAR COOPERATIVE SOCIETIES BARPETA.
-----------Advocate for : MR H R A CHOUDHURY Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 5 ORS
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
16.06.2023
Heard Ms. S. Das, learned counsel for the petitioner. Also heard Mr. D. Borah, learned Govt. Advocate, Assam appearing for the respondent Nos.4 and 5 and Ms. M. D. Borah, learned Standing Counsel, Cooperation Department, Assam appearing for the respondent Nos.1, 2, 3 and 6.
The petitioner herein had submitted an application seeking appointment on compassionate ground against a Grade-III post after the demise of his father.
The application submitted by the petitioner on 18.06.2016 was duly
recommended by the District Level Committee (DLC) in its meeting held on 14.07.2017. However, the recommendation of the DLC was rejected by the State Level Committee (SLC) on the ground that the father of the petitioner did not have three years of service left to his credit at the time of his demise. The
aforesaid decision was apparently taken by relying upon Clause-1 of the
Government O.M. dated 01.06.2015.
By referring to the decision of the SLC, Ms. Das submits that Clause1 of the O.M. dated 01.06.2015 has been set aside by the learned Single Judge of this Court
by judgment and order dated 30.01.2023 passed in connection with WP(C)
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No.1646/2021. Although the State has preferred an appeal against the aforesaid judgment and order dated 30.01.2023, no interim stay has been granted by the Division Bench. As such, the minutes of the SLC meeting be set aside and the matter be remanded back for reconsideration.
Mr. Borah, learned Govt. Advocate, Assam submits that similar orders have
been passed in similar writ petitions and therefore, he would have no objection if an order remanding the matter back to the SLC is passed in the present case as well.
Same is the stand of the learned Standing Counsel, Cooperation Department. In view of the above, the resolution of the SLC dated 22.01.2022 qua the writ petitioner is hereby set aside and the matter is remanded back to the SLC for taking fresh decision dehors Clause-1 of the O.M. dated 01.06.2015. The
aforesaid decision be taken as expeditiously as possible but not later than six months from the date of receipt of a certified copy of this order.
With the above observation, the writ petition stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the resolution of the State Level Committee rejecting the compassionate appointment application should be set aside and remanded for reconsideration.
Whether the applicant's compassionate appointment can be considered in view of the stay on a previous single-judge order setting aside the relevant Government order.
Mamidul Hassan S/O Abdul Barek
The State of Assam
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
