Disposed¶34

Sahab Uddin Mazumder v. the State of Assam and 4 Ors.

Gauhati HC8 Apr 2025WP(C)/5079/2023

Case brief

AI extract

What is this about?

Compassionate appointment; death in harness; Grade-IV employee; Public Works Department (PWD) Assam; District Level Committee (DLC) Cachar; State Level Committee (SLC); Clause 15 of Office Memorandum dated 01.06.2015; WP(C)/5079/2023; WP (C) No.2116/2017; Gauhati High Court; direction to work out vacancies and refer claim to DLC and SLC; time-bound disposal (one month / three months); Hailakandi/Cachar/Silchar.

What did the court decide?

Writ petition disposed of with directions: PWD departmental authorities to work out vacancies and place the matter before the DLC within one month of receipt of certified copy of the order; DLC to consider the matter and place it before the SLC; the entire DLC-SLC exercise to be completed within three (3) months from receipt of the proposal from the Department of PWD. ¶34

Sahab Uddin Mazumder Vs the State of Assam and 4 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondent authorities ought to be directed to consider the petitioner's case for appointment on compassionate ground in terms of the recommendation of the District Level Committee (DLC) in its meeting dated 31.12.2021. +1 more

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Ratio / Principle

Having found no dispute as regards the claim of the petitioner as well as the decision of the DLC, the Court held it appropriate to direct the departmental respondent authorities in the PWD Department to place the matter before the DLC, and the DLC, in its turn, to consider and place the matter before the SLC for consideration.

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Key takeaways

The authorities in the PWD Department were directed to work out the vacancies and place the matter before the DLC within a period of one month from the date of receipt of the certified copy of the order; thereafter the DLC shall place the matter before the SLC for consideration.ratio¶32
The entire exercise by the DLC and the SLC shall be completed within a period of three (3) months from the date of receipt of the proposal from the Department of PWD.ratio¶33

Detailed headnote1 paragraphs

Compassionate appointment — Gauhati High Court, WP(C)/5079/2023 (Kardak Ete, J.; order dated 09.04.2025): The petitioner's father, a Grade-IV employee under the Executive Engineer, PW Department, Silchar Building Division, died in harness on 19.02.2016. The petitioner's application dated 11.04.2016 was not considered; in earlier litigation, WP (C) No.2116/2017 was disposed of on 07.04.2017 with a direction to consider the case in the next DLC meeting. In its meeting dated 31.12.2021 the DLC observed that no post was available under compassionate quota and called for action under Clause 15 of the Office Memorandum dated 01.06.2015, i.e., a proposal to the Head of the Administrative Department to take up the matter with other Departments. Alleging inaction despite this, the petitioner sought enforcement. Finding no dispute as to the claim or the DLC decision, and both sides conceding reference to the SLC, the Court directed the PWD departmental authorities to work out vacancies and place the matter before the DLC within one month; the DLC to consider and forward it to the SLC; and the entire DLC-SLC exercise to be completed within three months of receipt of the proposal. Writ petition disposed of accordingly.

Page No.# 1/4

GAHC010190492023

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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)/5079/2023

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SAHAB UDDIN MAZUMDER S/O- LATE SIRAJ UDDIN MAZUMDER, R/O- HAILAKANDI TOWN, WARD NO-11, HOLDING NO-120, P.O- R.P ROAD, P.S AND DIST- HAILAKANDI, ASSAM, PIN-788155

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VERSUS

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THE STATE OF ASSAM AND 4 ORS

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, PUBLIC WORKS DEPARTMENT, DISPUR, GUWAHATI-781006, ASSAM

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2:THE STATE LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT REPRESENTED HEREIN BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM SACHIVALAYA DISPUR GUWAHATI-06.

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3:THE DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT CACHAR REPRESENTED BY THE CHAIRMAN CUM DISTRICT COMMISSIONER CACHAR ASSAM

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4:THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT CHANDMARI GUWAHATI-03

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5:THE EXECUTIVE ENGINEER

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Page No.# 2/4

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PWD SILCHAR BUILDING DIVISION CACHAR SILCHAR ASSA

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Advocate for the Petitioner : MR. S ROY, L HANGZO,MR D J HALOI,MR. S A HUSSAIN,G BORO,MR F ABDULLAH,M. HOSSAIN,MR. M H LASKAR

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Advocate for the Respondent : GA, ASSAM, SC, P W D

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BEFORE

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HON’BLE MR. JUSTICE KARDAK ETE

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O R D E R

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Date : 09.04.2025.

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Heard Mr. D.J. Haloi, learned counsel for the petitioner. Also heard Mr. J.K. Goswami, learned Addl. Senior Govt. Advocate, Assam for the respondent Nos.2 & 3 as well as Mr. B. Choudhury, learned standing counsel for the PWD Department, appearing for respondent Nos.1, 4 & 5.

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By filing this writ petition, the petitioner has sought for a direction to the respondent authorities to consider the case of the petitioner for appointment on compassionate ground, in terms of the recommendation of the District Level Committee (in short ‘the DLC’), vide its meeting dated 31.12.2021.

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The case in brief, is that the father of the petitioner late Siraj Uddin Mazumder, while serving as Grade-IV employee under the Executive Engineer, PW Department, Silchar Building Division, had died in harness on 19.02.2016.

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The petitioner submitted an application on 11.04.2016, before the Executive Engineer, PW Department, Silchar Building Division, for appointment on compassionate ground. However, the same was not considered. Aggrieved by such non-consideration, the petitioner approached this Court by filing a writ petition being WP (C) No.2116/2017, which was disposed of on 07.04.2017, directing the respondent authorities to consider the case of the petitioner by placing the case in the next DLC meeting.

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It is the contention of the petitioner that pursuant to the above direction of this Court dated 07.04.2017, the DLC in its meeting held on 31.12.2021 decided and observed that there is no post available in the respective office and also in other offices of the District under compassionate quota, the Executive Engineer, PW Department, Building Division, Silchar shall take suitable action as per Clause 15 of the Office Memorandum dated 01.06.2015, by sending the proposal to the Head of the Administrative Department, to take up the matter with other Departments of the Government, for an early appointment on compassionate ground.

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Mr. D.J. Haloi, learned counsel for the petitioner submits that despite such observation, the respondent authorities have failed to consider the case of the petitioner. Therefore, direction may be issued to the respondent authorities to place the case of the petitioner for appointment on compassionate ground before the State Level Committee (in short ‘the SLC’).

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Mr. J.K. Goswami, learned Addl. Senior Govt. Advocate, Assam submits that since the case of the petitioner has not been completely rejected, it would be appropriate to direct to place the matter before the SLC for consideration.

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Having considered the submissions of learned counsel for the parties and also considering that there is no dispute as regards the claim of the petitioner as well as the decision of the DLC, it would be appropriate to direct the departmental respondent authorities in the PWD Department to place the matter before the DLC and the DLC in its turn, shall consider and place the matter before the SLC for consideration.

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Accordingly, it is directed that the authorities in the PWD Department to work out the vacancies and place the matter before the DLC, within a period of one month from the date of receipt of the certified copy of this order. Thereafter, the DLC shall place the matter before the SLC for consideration.

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The entire exercise by the DLC and the SLC shall be completed within a period of three (3) months from the date of receipt of the proposal from the Department of PWD.

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The writ petition stands disposed of in terms of the above.

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JUDGE

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Comparing Assistant

Sahab Uddin Mazumder v. the State of Assam and 4 Ors.

Case brief

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Sahab Uddin Mazumder v. the State of Assam and 4 Ors.

Case brief

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What the court decided

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