Disposed

Tanuj Sonowal v. the State of Assam and 3 Ors.

Gauhati HC19 May 2023WP(C)/2505/2023

Case brief

AI extract

What is this about?

Petitioner sought compassionate appointment after father's death. Court found the District Level Committee neither considered nor rejected the application and directed the committee to decide conscientiously within six months under office memorandums and communicate the outcome in writing.

What did the court decide?

Direction to the District Level Committee to consider the application and communicate the outcome in writing within six months under applicable office memorandums.

Tanuj Sonowal Vs the State of Assam and 3 Ors. — Pension and Retirement Benefits | Gauhati HC (2023)

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GAHC010091462023

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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)/2505/2023

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TANUJ SONOWAL SON OF LATE BIDYA SONOWAL, RESIDENT OF VILLAGE- HOLLOWDUNGA, POLICE STATION- GOGAMUKH, DISTRICT- DHEMAJI, ASSAM.

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VERSUS

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THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, TO THE GOVT. OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI- 06.

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2:THE DEPUTY COMMISSIONER-CUM-CHAIRMAN OF DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT

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DHEMAJI DISTRICT- DHEMAJI ASSAM.

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3:THE ADDITIONAL DEPUTY COMMISSIONER DHEMAJI DISTRICT- DHEMAJI ASSAM. 4:THE EXECUTIVE ENGINEER DHEMAJI DIVISION IRRIGATION DISTRICT- DHEMAJI ASSAM

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Advocate for the Petitioner : MR. B K GOGOI

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Advocate for the Respondent : SC, IRRIGATION

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 19-05-2023

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Heard Mr. B.K. Gogoi, learned counsel for the writ petitioner. Also heard Ms. D.S. Neog, learned standing counsel, Irrigation Department, Assam appearing for the respondent Nos. 1 and 4 as well as Ms. S. Baruah, learned Govt. Advocate, Assam appearing on behalf of the respondent Nos. 2 and 3.

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The father of the petitioner died-in-harness on 27-06-2014 while serving as a Pressure Pump Operator under the Irrigation Department of the Dhemaji Division. After the death of his father, the petitioner had submitted an application in the month of July, 2014 seeking appointment on compassionate ground and his application was also duly placed before the District Level Committee (DLC), Dhemaji. But his application has neither been considered nor rejected by the DLC till today. Hence, this writ petition.

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By referring to the minutes of the DLC meeting held on 04-06-2015, Ms. Baruah, learned Govt. Advocate, Assam submits that name of some of the other applicants seeking appointment on compassionate ground were recommended by the DLC by taking note of their economic conditions. However, Ms. Baruah admits that there is no mention in the minutes of the meeting as regards the fate of the application submitted by the

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petitioner. Since the petitioner had submitted an application seeking appointment on compassionate ground, the same deserved proper consideration by the DLC and the outcome thereof also ought to have been informed to the petitioner, which exercise has admittedly not been done in this case. From a reading of the minutes of the DLC dated 04-06-2015, it is also not clear as to whether, the application of the petitioner had been rejected or the same has been kept pending for future consideration.

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In view of the above and as agreed to by the learned counsel for both the sides, this writ petition is being disposed of at the stage of motion hearing with a direction upon the DLC to take a conscious decision on the application submitted by the petitioner, in the light of the office memorandums governing the subject on the date of submission of the application and thereafter communicate the outcome of the process, in writing, to the petitioner.

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The aforesaid 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.

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With the above observation, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Tanuj Sonowal v. the State of Assam and 3 Ors.

Case brief

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Tanuj Sonowal v. the State of Assam and 3 Ors.

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