Writ petition seeking compassionate appointment following the petitioner's father's death in service. Respondents produced DLC minutes showing the case was rejected in 2016 for want of a vacant sanctioned post of Pump Operator; petitioner withdrew the petition with liberty to file afresh.
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GAHC010031722023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1282/2023
RUPTON DAIMARI
S/O- LATE JUNASH DAIMARI, R/O- VILL.- GERSONG, P.O. BANDARGURI, P.S. AND DIST. UDALGURI (BTR), ASSAM, PIN- 784509.
VERSUS
THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE CHIEF SECRETARY-CUM-CHAIRMAN, STATE LEVEL COMMITTEE, GOVERNMENT OF ASSAM, DISPUR, GUWAHATI781006.
2:THE COMMISSIONER AND SECRETARY GOVERNMENT OF ASSAM PUBLIC HEALTH ENGINEERING DEPARTMENT DISPUR GUWAHATI-781006. 3:THE CHIEF ENGINEER (PHE) WATER HENGRABARI GUWAHATI DIST. KAMRUP(M) ASSAM PIN- 781036. 4:THE JOINT SECRETARY BODOLAND TERRITORIAL COUNCIL KOKRAJHAR PIN- 783370.
5:THE ADDITIONAL CHIEF ENGINEER (PHE) CUM DIRECTOR PHED BTR
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KOKRAJHAR DIST. KOKRAJHAR PIN- 783370.
6:THE DEPUTY COMMISSIONER CUM CHAIRMAN DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT UDALGURI DISTRICT ASSAM PIN- 784509. 7:THE EXECUTIVE ENGINEER (PHE) TANGLA DIVISION TANGLA DIST. UDALGURI ASSAM PIN- 784521
Advocate for the Petitioner : MR. M KALITA
Advocate for the Respondent : GA, ASSAM
BEFORE
HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR O R D E R
06.03.2024
Heard Mr. M. Kalita, learned counsel for the petitioner. Also heard Mr. R. K. Musahary, learned Standing Counsel, BTC, for respondent Nos.4, 5, 6 and 7; Ms. M. Bhattacharjee, learned Additional Senior Government Advocate, Assam for respondents No.1 and 6 and Ms. M. Kalita, learned Standing Counsel, PHE Department, Government of Assam, for respondent Nos.2 and 3.
2. The case of the petitioner, in brief, is that father of the petitioner late Junash Daimiari died in harness on 17.08.2014 while serving as Grade-IV employee (Pump Operator) in the office of the Executive Engineer (PHE), Tangla Division, Tangla. Thereafter, the petitioner made an application for appointment on compassionate ground. The said application was forwarded to the Director, PHED, BTC, Kokrajhar
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by a letter dated 08.06.2015 by the Joint Secretary, BTC, Kokrajhar.
3. Grievance of the petitioner is that his case has not been placed before the DLC till date.
4. On 16.02.2024, Mr. Musahary, learned Standing Counsel, BTC was directed to receive instructions.
5. Today when the matter is called up, learned Standing Counsel, BTC has produced a communication dated 05.03.2024 written by the Additional Chief Engineer, PHED-cum-Director PHED, BTC, Kokrajhar stating that the proposal for compassionate appointment in respect of the petitioner was placed in the meeting
of the DLC held on 20th August, 2016. The minutes of the DLC has also been enclosed with the said communication.
6. Perusal of the minutes indicates that the case of the petitioner was not considered on the ground that there was no vacant sanctioned post of Pump Operator.
7. In view of above, Mr. Kalita, learned counsel for the petitioner, prays for withdrawal of this writ petition with liberty to file afresh.
8. Accordingly, the writ petition is disposed of on withdrawal with liberty, as prayed for.
9. The communication dated 05.03.2024 as well as the minutes of the DLC meeting held on 20th August, 2016 is placed on record.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner was entitled to compassionate appointment after his father died in harness as a Grade-IV employee.
Rupton Daimari
The State of Assam
The Commissioner and Secretary, Government of Assam, Public Health Engineering Department
The Chief Engineer (PHE) Water
The Joint Secretary, Bodoland Territorial Council
The Additional Chief Engineer (PHE) cum Director PHED BTR
Lanusungkum Jamir
As recorded by the court registry
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