A K Sahkil Ahmed Barbhuiya v. The State of Assam and 5 Ors

ORDER

04.08.2023 Heard Mr. B. Purkayastha, learned counsel for the petitioner. Also heard Mrs. N. Kalita, learned counsel for the respondents No. 1, 4, 5 & 6 and Mr. H. Sharma, learned Government Advocate for the respondents No. 2 & 3.

¶2This petition has been filed by the petitioner praying for appointment under the compassionate scheme as his father who was a Government servant who died in harness. The late father of the petitioner was a Khalasi (Grade-IV) in the Office of the Executive Engineer (PHE), Silchar, Cachar, Assam. The late father of the petitioner died in harness while he was in service on 03.10.2016 leaving behind his widow, two sons including the petitioner. The petitioner, thereafter, applied for appointment on compassionate ground on 17.01.2017 to the Department . The District Level Committee, Silchar in its meeting held on 05.08.2017 whereby the Page No.# 3/4 petitioner's case has been rejected on the ground of lack of vacancy.

¶3The learned counsel for the petitioner submits that the rejection of the petitioner's case for compassionate appointment by the DLC was done without taking into note the provisions of Clause 15 of the OM dated 01.06.2015. As per the said provision, the concerned authorities are required to enquire about the availability of vacancies in other departments/all departments thereafter proceed to pass necessary orders.

¶4Both the learned counsels appearing for the respondents submit that the case of the petitioner has been considered and in the absence of any vacancies, there is no other option but to reject the case of the petitioner.

¶5The learned counsels for the parties have been heard. Pleadings have been carefully perused and also the OM dated 01.06.2015. Para 15 of the OM dated

01.06.2015 reads as under: "15. If sufficient vacancies are not available in any particular office to accommodate, the persons in the waiting list for compassionate appointment, it is open to the administrative Department/ Office to take up the matter with other Departments/Offices of the Government to provide at an early appointment on compassionate grounds to those in the waiting list."

¶6Upon due perusal of the OM as well as the order passed by the DLC, it is seen that the DLC by its meeting held on 05.08.2017 rejected the case of the petitioner on the ground of non-availability vacancies position under the prescribed percentage of 5% as prescribed under OM No. ABP 50/2006//Pt/182 dated

01.06.2015. While doing so, however no reference is found recorded in the said Minutes of the meeting that the case of the petitioner was considered in respect of all available vacancies in the post of Grade-IV under the 5% quota, as is required Page No.# 4/4 under Clause 15 of the OM dated 01.06.2015. No such finding is reflected in the minutes of the meeting.

¶7Under such circumstances, it appears that the prescription of clause-15 of OM dated 01.06.2015 has not been adhered to by the DLC while considering the case of the petitioner in its meeting held on 05.08.2017. Accordingly, this Court is of the view that the writ petition can be closed with a direction to the DLC to re-consider the case of the petitioner in respect of any other available vacancy under the prescribed percentage of 5% quota as per the provisions of clause-15 of the OM dated 01.06.2015.

¶8To that extent the minutes of the meeting held on 05.08.2019 stands interfered with and set aside. The matter is remanded back to the DLC for a fresh consideration in terms of the provisions of Clause 15 of the OM dated 01.06.2015. The DLC will re-consider within 90 days upon receipt of the certified copy of this order.

¶9The writ petition stands disposed of. No order as to cost.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010017972023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/495/2023o AoKoSAHKILoAHMEDoBARBHUIYAo S/O-oLT.oALAoUDDINoBARBHUIYA,o(DIEDoINoHARNESSoONo03.10.2016oASo KHALASI,oGRADE-IVoAToSILCHARoPHEoDIVISION,oCACHAR),oR/O-oVILL-o TUPKHANAoPART-1,oP.O.oARUNACHAL,oDIST.-oCACHAR,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oPUBLICo HEALTHoENGINEERINGoDEPTT.,oDISPUR,oGHY-06 2:THEoSTATEoLEVELoCOMMITTEEo(FORoCOMPASSIONATEoAPPOINTMENT) oTOoBEoREP.oBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDISPUR oGHY-06 3:THEoDY.oCOMMISSIONERoCUMoCHAIRMANoOFoDISTRICToLEVELo COMMITTEEo(DLC) oCACHAR oP.O.oSILCHAR oDIST.-oCACHAR oASSAM oPIN-o788001 4:THEoCHIEFoEXECUTIVEoENGINEER oPHEo(P) oASSAM oHENGRABARI oGHY oDIST.-oKAMRUPo(M) oASSAM oPIN-o781036 Page No.# 2/4 5:THE ADDL. CHIEF ENGINEER PHE BARAK VALLEY ZONE SILCHAR DIST.- CACHAR ASSAM PIN- 788001 6:THE EXECUTIVE ENGINEER (PHE) SILCHAR DIVISION NO.1 SILCHAR DIST.- CACHAR ASSAM PIN- 78800 Advocate for the Petitioner : MR. A K DUTTA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA