Tamash Brahma v. The State of Assam

ORDER

29.01.2024

¶1Heard Mrs. R. S. Deuri, learned counsel for the petitioner. Also heard Mr. A. Chakrabory, learned counsel for the respondent No. 3 and Mr. S. Bora, Standing Counsel for the BTC representing the respondent No. 2 and 7.

¶2The present writ petition is filed assailing a select list dated 18.07.2015 (Annexure-F), whereby, a list of candidates for appointment on compassionate ground against the vacancy for the year 1996 to 2010 in the Forest Department was published/notified by way of an advertisement.

¶3The case of the petitioner is that the petitioner was also empanelled as a candidate as regards the aforesaid period but has wrongly been deprived from Page No.# 3/4 such selection.

¶4The mother of the petitioner was an employee under the Forest Department, Government of Assam who died-in-harness on 25.07.2006 and accordingly, the petitioner filed an application before the employer of the mother for consideration of her case for compassionate appointment.

¶5The Conservator of Forest (Head Quarter), initially prepared a proposal empanelling as many as 805 candidates for appointment under the Scheme of Compassionate Appointment for the period with effect from 1996 to 2010 against the earmarked quota of 5%. Such list was forwarded to the Principal Secretary to the Government of Assam, Environment & Forest Department, Dispur, Guwahati. Subsequently, the State Level Committee constituted for this purpose, after consideration of the respective claims in a meeting held on

01.04.2015 in the Conference Room of Chief Secretary, Assam, Dispur, decided to recommend the names of candidates year wise from the year 1996 to the year 2010 as reflected in the impugned advertisement/notice dated 18.07.2015.

¶6The basic ground of challenge to such list as argued by the writ petitioner is that the persons who were selected against the vacancies of year 2006, donot belong to the said year, but to a different year and thus, the petitioner who actually is entitled for appointment for the vacancy for the year 2006 has been deprived of his right. However, the selected candidates against vacancy of the year 2006, numbered in 9 are not arrayed as party respondents in this writ petition. In the event, if this Court upheld the arguments advanced, any one of the selected person is to give way his post to the petitioner. Such course of action cannot taken, when these nine persons are not arrayed as respondents in the present writ petition. That being the position, this writ petition cannot be entertained for want of necessary party. Page No.# 4/4

¶7Another aspect of the matter is that, the mother of the petitioner expired in the year 2006, the select list was published in the year 2015 and the petitioner approached this Court assailing such select list in the year 2018 i.e. after three years from the date of publication of the select list and therefore, on this count also, this writ petition cannot be entertained, inasmuch as validity of a select list cannot be extended beyond one year in absence of any expressed stipulation to that effect.

¶8Accordingly, this writ petition stands dismissed for reasons discussed hereinabove. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010004732018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/271/2018o TAMASHoBRAHMAo S/O.oLATEoMADHABoBRAHMA,oR/O.oVILL.oBHADRAMPUR,oP.O.oBISHMURI,o P.S.oSALAKATI,oDIST.oKOKRAJHAR,oBTAD,oASSAM. VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oDEPTT.oOF FORESToANDoENVIRONMENT,oDISPUR,oGUWAHATI-781006. 2:BODOLANDoTERRITORIALoAUTONOMOUSoCOUNCIL oREPRESENTEDoBYoPRINCIPALoSECRETARY oKOKRAJHAR oBTAD oASSAM.oDIST.oKOKRAJHAR oASSAM 3:STATEoLEVELoCOMMITTEEoFORoAPPOINTMENToONoCOMPASSIONATEo GROUND oFORESToDEPTT. oASSAM oREPRESENTEDoBYoITSoCHAIRMAN. 4:THEoPRINCIPALoCHIEFoCONSERVATORoOFoFORESToANDoHEADoOFo FORESToFORCE oASSAM. oPANJABARI oGUWAHATI-781037 5:THEoADDITIONALoPRINCIPALoCHIEFoCONSERVATORoOFoFOREST oBTAD oASSAM Page No.# 2/4 DIST. KOKRAJHAR ASSAM. 6:THE CHIEF CONSERVATOR OF FOREST HQ PANJABARI GUWAHATI-781037 7:THE DIVISIONAL FOREST OFFICER HALTUGAON DIVISION KOKRAJHAR BTAD ASSAM DIST. KOKRAJHAR ASSAM Advocate for the Petitioner : MR. T DEURI Advocate for the Respondent : MR. D NATH (ADDL. SR. GA, ASSAM) BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY