Devajyoti Konwar v. The State of Assam and 3 Ors

ORDER Date : 29-01-2024 Heard Mr. B. Baruah, learned counsel for the writ petitioner. Also heard Ms. M. Bhattacharyya, learned Addl. Sr. Govt. Advocate, Assam as well as Mr. N. Upadhyay, learned standing counsel, Irrigation Department, Assam appearing for the official respondents. The claim of the petitioner is for appointment on compassionate ground due to the premature demise of his father who was a Govt. servant. It appears that the father of the petitioner died on 13-03-2017. After the death of his father, the petitioner had submitted application on 21-06-2017 seeking appointment on compassionate ground but on that date he was a minor. However, the application of the petitioner was not placed before the District Level Committee (DLC). Hence, this writ petition. What is to be noted herein is that appointments on compassionate ground, were made under the scheme floated by the Govt. of Assam which was withdrawn w.e.f. 01-04-2017. At present, there is only one scheme for providing "compassionate family pension". Therefore, after the withdrawal of the earlier scheme, there is no scope for entertaining any application for providing compassionate appointment. Since the scheme for Page No.# 3/3 appointment on compassionate ground itself was withdrawn prior to the date of submission of application by the petitioner and also at a stage when he was still a minor, hence, it is evident that there was no valid application from the petitioner for appointment on compassionate ground which was either filed or was pending as on the date of withdrawal of the scheme. As such, there is no scope for this Court to entertain this writ petition filed by the petitioner seeking a writ of mandamus. The relief is accordingly declined. However, if the petitioner is otherwise eligible to seek "compassionate family pension", under the existing scheme, then, it is provided that this order would not come in the way of the petitioner in making such an application, in the prescribed format, before the competent authority. By granting liberty to the petitioner to apply for "compassionate family pension" as per the existing scheme, if so advised, this writ petition stands closed.

JUDGE GS Comparing Assistant

PageoNo.#o1/3 GAHC010006522024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/216/2024o DEVAJYOTIoKONWARo S/O-oLATEoMUKULoKONWAR,o RESIDENToOFoANGERAoKONWARoGAON,o P.O.-oNIMONAGARH,o P.S.-oMATHURAPUR,o DISTRICT-oSIVASAGAR,oASSAM,o PIN-o785586. VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAMoCUMoCHAIRMAN,o STATEoLEVELoSELECTIONoCOMMITTEEoFORoCOMPASSIONATEo APPOINTMENT,o DISPUR,oGUWAHATI-o781006. 2:THEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oIRRIGATIONoDEPARTMENT oDISPUR oGUWAHATI-o781006. 3:THEoCHAIRMANoDLCoCUMoDISTRICToCOMMISSIONER oSIVASAGAR oDISTRICT-oSIVASAGAR oASSAM oPIN-o785640. 4:THEoEXECUTIVEoENGINEER oNAZIRAoAMGURIoDIVISION oIRRIGATION oNAZIRA Page No.# 2/3 DISTRICT- SIVASAGAR PIN- 785685 Advocate for the Petitioner : MR. B BARUAH Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM