Remanded

Daoharu Basumatary v. the State of Assam and 4 Othrs

Gauhati HC10 May 2023WP(C)/951/2023

Case brief

AI extract

What is this about?

Writ petition challenging rejection of compassionate appointment application. Court set aside State Selection Committee resolution as wholly untenable in law and remanded matter for fresh consideration in Grade-IV post.

What did the court decide?

Petition set aside and remanded to State Selection Committee for fresh consideration of appointment in Grade-IV post within six months.

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

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Page No.# 1/3

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GAHC010030332023

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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)/951/2023

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DAOHARU BASUMATARY

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S/O- LT. BABU RAM BASUMATARY, R/O- SIRAKHUNDI, P.S. TAMULPUR, DIST.- BAKSA, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 4 OTHRS REP. BY THE CHIEF SECRETARY, DISPUR, GHY-06 2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM PWD (ROADS) DISPUR GHY-06 3:THE DY. COMMISSIONER AND CHAIRMAN DISTRICT LEVEL COMMITTEE KAMRUP (R) ASSAM 4:THE CHIEF ENGINEER PWD (ROADS) CHANDMARI GHY-03 5:THE EXECUTIVE ENGINEER PWD RANGIA RURAL ROAD DIVISION ASSA

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Advocate for the Petitioner : MR. N HOQUE

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Advocate for the Respondent : GA, ASSAM

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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10.05.2023

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Heard Mr. H. Gupta, learned counsel for the petitioner. Also heard Ms. S.

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Baruah, learned Govt. Advocate, Assam appearing for the respondents.

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The father of the petitioner, who was serving in a Grade-IV post, died in harness on 13.10.2013 whereafter, the writ petitioner had submitted an application

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seeking appointment on compassionate ground. The DLC of Baksa district had recommended the application of the petitioner for appointment. However, by the resolution dated 31.12.2018 the SLC had rejected the same on two grounds, firstly, that the 5% quota had already exhausted and secondly, the petitioner was under qualified.

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Mr. Gupta submits that the petitioner had not applied for a Grade-III post nor was he qualified for the same. Notwithstanding the same, the case of the petitioner was considered for appointment in a Grade-III post. Therefore, the ground on which the application for compassionate appointment has been rejected by the SLC is wholly untenable in the eye of law.

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The learned Government Advocate could not point out anything on record to show that the petitioner had applied for a post in the Grade-III category. Moreover, since the petitioner is only 10 + 2 pass, he could not have been considered for appointment in any post in the Grade-III category. The

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qualification of the petitioner was sufficient only for appointment against a Grade-IV post but from the minutes of the SLC, it is not clear as to whether he

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Page No.# 3/3

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was at all considered for appointment against a Grade-IV post. If that be so, the resolution of the SLC dated 31.12.2018 qua the writ petitioner is found to be wholly untenable in the eye of law and the same is accordingly set aside. The matter is remanded back to the SLC for fresh consideration of his case for appointment in a Grade-IV post, in the light of the observation made herein above. The exercise, as directed above, be carried out and completed as expeditiously as possible, preferably within six months from the date of receipt of a certified copy of this order.

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The writ petition stands disposed of accordingly.

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JUDGE

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Comparing Assistant

Daoharu Basumatary v. the State of Assam and 4 Othrs

Case brief

What is this about?

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Daoharu Basumatary v. the State of Assam and 4 Othrs

Case brief

What is this about?

What did the court decide?

What the court decided

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