Allowed

Sanchayetta Kashyap v. the State of Assam and 6 Ors.

Gauhati HC15 Mar 2023WP(C)/1340/2023

Case brief

AI extract

What is this about?

The court set aside a State Level Committee resolution rejecting a widow's appointment on compassionate grounds. The matter was remanded for fresh consideration citing a January 2023 judgment that struck down the previously relied office memorandum clause.

What did the court decide?

Resolution dated 16-08-2022 set aside. Matter remanded for reconsideration afresh within six months.

Sanchayetta Kashyap Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2023)

¶1

Page No.# 1/4

¶2

GAHC010036492023

¶3

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

¶4

Case No. : WP(C)/1340/2023

¶5

SANCHAYETTA KASHYAP

¶6

(DOB- 10.12.1992) D/O- LT. ARUN THAKUR, R/O- PUB-AMULAPATTY, P.O. AND P.S. GOLAGHAT, DIST.- GOLAGHAT, ASSAM, PIN- 785621

¶7

VERSUS

¶8

THE STATE OF ASSAM AND 6 ORS.

¶9

REP. BY THE COMM. AND SECY./ SECY./ ADDL. SECRETARY TO THE GOVT. OF ASSAM, TRANSFORMATION AND DEVELOPMENT DEPTT., DISPUR, GHY-6, ASSAM

¶10

2:THE STATE LEVEL COMMITTEE DISPUR REP. BY CHIEF SECRETARY TO THE GOVT. OF ASSAM AS THE CHAIRMAN DISPUR GHY-6 ASSAM 3:THE DISTRICT LEVEL COMMITTEE GOLAGHAT REP. BY THE DY. COMMISSIONER AS THE CHAIRMAN GOLAGHAT ASSAM 4:THE DIRECTOR DIRECTORATE OF ECONOMICS AND STATISTICS BELTOLA GUWAHATI- 28 ASSAM

¶11

5:THE DY. DIRECTOR OFFICE OF ECONOMICS AND STATISTICS

¶12

Page No.# 2/4

¶13

ASSAM GOLAGHAT ASSAM

¶14

6:THE COMMISSIONER AND SECRETARY PANCHAYAT AND RURAL DEVELOPMENT ASSAM DISPUR GHY-6 7:THE PROJECT DIRECTOR DISTRICT RURAL DEVELOPMENT AGENCY GOLAGHA

¶15

Advocate for the Petitioner : MR S P DAS

¶16

Advocate for the Respondent : SC, P AND R.D.

¶17

BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

¶18

ORDER

¶19

Date : 15-03-2023

¶20

Heard Mr. S.P. Das, learned counsel for the petitioner. Also heard Ms. M.D. Bora,

¶21

learned Govt. Advocate, Assam appearing for the respondent Nos. 1 to 5 and Ms. N.

¶22

Borah, learned standing counsel, P&RD Department, Assam appearing on behalf of respondent Nos. 6 and 7.

¶23

Aggrieved by non-consideration of her case for appointment on compassionate ground, the petitioner has approached this Court for the second time by filing the instant writ petition.

¶24

By referring to the resolution dated 16-08-2022 adopted by the State Level Committee (SLC) Mr. Das submits that the primary ground on which the petitioner’s case

¶25

Page No.# 3/4

¶26

was rejected is on account of the fact that her deceased father had less than 03 years of service left on the date of his demise. The aforesaid decision was rendered by relying upon Clause-1 of the office memorandum dated 01-06-2015. Mr. Das submits that by the judgment and order dated 30-01-2023 rendered by the Single Judge in W.P.(C) No. 1646/2021 and the batch of writ petitions, Clause-1 of the OM dated 01-06-2015 has been struck down and all matters have been remanded for fresh consideration by the SLC. Therefore, the petitioner is also seeking a similar relief.

¶27

Ms. M.D. Bora, learned Govt. Advocate, Assam and Ms. N. Borah, learned standing counsel, P&RD Department, Assam have fairly submitted that in view of the judgment dated 30-01-2023, the petitioner’s case will also call for reconsideration.

¶28

In view of the above and taking note of the submissions advanced by the learned counsel for both the sides, the resolution dated 16-08-2022 adopted by the SLC qua the petitioner is hereby set aside. The matter is remanded back for reconsideration of her case afresh in the light of the judgment and order dated 30-01-2023 passed by this Court as well as the attending facts and circumstances of the case.

¶29

The exercise be carried out and completed, as expeditiously as possible, but not later than 06 months from the date of receipt of a certified copy of this order.

¶30

Writ petition stands disposed of.

JUDGE

Page No.# 4/4

Comparing Assistant

Sanchayetta Kashyap v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

Sanchayetta Kashyap 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

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Supriya Begom Barbhuiya Vs the State of Assam and 4 Ors.

Md. Inamuddin Ahmed Vs the State of Assam and 3 Ors.

Hemen Mahanta @ Hemendra Chandra Mahanta Vs Monalisa Goswami and 3 Ors.

Roopa Dewanji Vs the State of Assam and 3 Ors.

Hafizur Rahman, Vs the State of Assam and 5 Ors.

Hor Kumar Hazarika Vs the State of Assam and 17 Ors.