Pulan Deuri @ Pilen Deori Vs the State of Assam and 2 Ors.

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GAHC010277232023

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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)/7136/2023

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PULAN DEURI @ PILEN DEORI S/O- LATE MINARAM DEURI, RESIDENT OF VILL- BHAGARAH, MOUZA- BIHPURIA, P.O.- BAHGARAH, DIST.- LAKHIMPUR, ASSAM, PIN- 784161.

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VERSUS

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THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, GENERAL ADMINISTRATION (B) DEPARTMENT, DISPUR, GUWAHATI-6.

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2:THE DEPUTY COMMISSIONER (NOW DISTRICT COMMISSIONER) LAKHIMPUR

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NORTH LAKHIMPUR

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PIN- 787001.

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3:THE CIRCLE OFFICER BIHPURIA REVENUE CIRCLE LAKHIMPUR NORTH LAKHIMPUR ASSAM

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PIN- 787001

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Advocate for the Petitioner : MS. S B CHOUDHURY, MS. Z R MAJUMDAR,MR. S K DAS

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Advocate for the Respondent : GA, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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Date : 13.05.2025

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Heard Ms. S.B. Choudhury, learned counsel for the petitioner. Also heard Mr. J.K. Goswami, learned Additional Senior Government Advocate for the respondents.

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2. In this petition, under Article 226 of the Constitution of India, the petitioner, namely, Sri Pulan Deuri @ Pilen Deori has prayed for issuing direction to the respondent authorities for being appointed him on compassionate ground.

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3. Ms. Choudhury, learned counsel for the petitioner submits that the father of the petitioner, namely, Late Minaram Deuri, who was working as Jarikarok in the Office of the Deputy Commissioner, Lakhimpur, died in harness on 20.12.2002, leaving behind the petitioner and six other family members. And on his death, the petitioner had submitted an application for being appointed on compassionate ground on 11.07.2005, before the Deputy Commissioner, Lakhimpur, which was forwarded to the Commissioner and Secretary to the Government of Assam, General Administration (B) Department, Dispur, vide official communication, dated 11.07.2005, with a prayer for necessary action. But, the same failed to evoke any response. Ms. Choudhury also submits that though the father of the petitioner died on 20.12.2002, the application was filed on 11.07.2005, as at the relevant point of time, no specific time limit, for submitting an application for compassionate appointment was prescribed, and

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that the respondent authorities have not considered the case of the petitioner till date. Under such circumstances, Ms. Choudhury submits that a direction may be issued to the respondent authorities to consider the case of the petitioner, as granted to the petitioners in WP(C) No. 342/2025 and other connected matters, by a Coordinate Bench of this Court, vide order dated 03.04.2025.

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4. Mr. Goswami, learned Additional Senior Government Advocate for the respondents submits that if the present petition is disposed of by granting similar relief to the present petitioner as granted to the petitioners in WP(C) No. 342/2025 and other connected matters, especially in paragraph Nos. 9 and 10, then he has no objection.

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5. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition and the documents placed record, and also perused the decision of a Coordinate Bench of this Court, dated 03.04.2025, in WP(C) No. 342/2025 and other connected matters, wherein in paragraph Nos. 9 and 10, it has been observed as under:

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“ 9. In view of the consent of the learned counsels for the parties, all the writ petitions that are pending as on today, i.e., 03.04.2025, in the Gauhati High Court, which have put to challenge the impugned OM dated 18.09.2024, are to be decided as follows:-

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(i) All the applications for compassionate appointment submitted by the petitioners shall be considered and disposed of by the concerned DLC/SLC on merit, by taking into consideration the various guidelines prior to 01.04.2017, laid down by the State Government for compassionate appointment and the judgments of the Hon’ble Supreme Court and the High Court. Consequently, the rejection of all compassionate appointments by the DLC/SLC, which have been put to challenge and are

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pending in the Gauhati High Court as on 03.04.2025, are set aside.

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(ii) The entire process for considering the various applications for compassionate appointment and the decision to be taken in each case by the concerned authorities, should be completed within a period of six months from the date of receipt of a certified copy of this order by the concerned District Commissioner, who is also the Chairman of the DLC, if the matter pertains to the DLC. In other cases, the Chief Secretary to the Government of Assam, who is the Chairman of the SLC, if the matter pertains the SLC.

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10. It is made clear that in view of the consent of the parties, this Court has not gone into the merits of any of the petitioners’ cases that are being disposed of by way of this order and as such, the applications for compassionate appointment should be disposed of by the concerned authorities on merit, as they deem it fit and proper. The decision/s to be taken by the concerned authorities should be based on reasons and the decision taken should be communicated to the petitioners thereafter. It is also directed that while deciding the applications for compassionate appointment, the respondents cannot take recourse to the impugned OM dated 18.09.2024, though the judgment provided therein, i.e., the case of Debabrata Tiwari (supra) , can be considered/applied by the concerned authorities. It is again made clear that this order cannot be used as a precedent for cases that are filed on 04.04.2025 and thereafter. It shall only apply to cases that are pending before this Court as on 03.04.2025.”

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6. In the instant case, it is not in dispute that the father petitioner died in harness on 20.12.2002, while he was serving as Jarikarok in the Office of the Deputy Commissioner, Lakhimpur. It is also not in dispute that the petitioner had

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preferred his application for being appointed on compassionate ground on 11.07.2005, though his father suffered demise on 20.12.2002, and it is the categorical contention of the petitioner that at the relevant point of time, there was no time limit for filing an application for being appointed on compassionate ground. It also appears that the application filed by the petitioner on 11.07.2005, was forwarded to the Commissioner and Secretary to the Government of Assam, General Administration (B) Department, Dispur (respondent No. 1), vide official communication dated 11.07.2005, and the same has not yet been attended by the respondent authorities.

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7. Under such circumstances, this Court is inclined to dispose of this petition by directing the respondent No. 1 to place the application of the petitioner dated 11.07.2005, before the District Level Committee/State Level Committee, for consideration of the same on merit by taking note of the various guidelines prior to 01.04.2017, as laid down by the State Government for compassionate appointment, as observed in paragraph No. 9 of the order dated 03.04.2025, in WP(C) No. 342/2025 and other connected matters, discussed herein above.

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8. The aforesaid exercise has to be carried out within a period of six months from the date of receipt of certified copy of this order. The petitioner shall obtain a certified copy of this order and place the same before the respondent authorities within a week from today.

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9. In terms of above, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Pulan Deuri @ Pilen Deori v. the State of Assam and 2 Ors.

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