Bitu Baruah v. The State of Assam and 5 Ors

ORDER Date : 22.02.2023

Heard Mr. D. Kalita, learned counsel for the petitioner. Also heard Mr. J. K. Parajuli, learned counsel appears for the respondents No. 5 and 6 and Ms. D. Borah, learned counsel appears for respondents No. 1 to 4.

¶2The petitioner sought appointment under the die in harness scheme for being appointment in any available Grade-IV post, commensurate with his qualifications since his father was a Grade-IV employee in the Office of Additional Chief Medical and Health Officer (Family Welfare) Department, Nalbari, Assam but he died in harness on 01.02.2017.

¶3The petitioner's case was considered and recommended by the DLC in its meeting held on 21.03.2018 recommending the petitioner for Grade III against OBC/MOBC vacant post. However, the State Level Committee did not accept the Page No.# 3/4 recommendation by referring to the Office Memorandum No. ABP. 50/2006/pt/182 dated 01/06/2015, wherein it was specified that the expired employee should have atleast 3 years of service left. According to the respondents that on a date the petitioner's father expired, he had less than 3 years of service left and accordingly the consideration of the petitioner's case for compassionate appointment is barred by the said clause 1 of the Notification No. ABP. 50/2006/pt/182 dated 01/06/2015. Accordingly, the SLC rejected the case of the petitioner.

¶4Learned counsels for the parties are in agreement that the clause 1 of Notification No. ABP. 50/2006/pt/182 dated 01/06/2015 has been interfered with by Co-Ordinate bench of this Court whereby it was held to be ultra vires and set aside.

¶5Learned counsels refer to the Judgment of this Court dated 30.01.2023 rendered in WP(C)/1646/2021 (Bhaskar Konwar Vs State of Assam and 4 Ors.) and other connected writ petitions. Perusal of the judgment reveals that this Court on the reasons mentioned in the Judgment and Order has interfered with the clause 1 of the Notification No. ABP. 50/2006/pt/182 dated 01/06/2015 by holding it to be ultravires.

¶6The learned Government Advocate has fairly submitted that no further appeal or review has yet been preferred. This writ petition having raised the similar issues is squarely covered by the Judgment and Order of this Court and in terms Page No.# 4/4 of which, this writ petition is also allowed directing the respondent authorities to place this matter before to the State Level Selection Committee for re-consideration of the case of the petitioner in terms of the Judgment and Order dated

30.01.2023 rendered in WP(C)/1646/2021. The impugned minutes of the State Level Selection Committee Minutes No.HLA 972/2015/214 dated 08.06.2020 in so far as it relates to the petitioner namely, Bitu Baruah is set aside.

¶7The selection committee will reconsider the case of the petitioner in terms of the Judgment and Order dated

30.01.2023 rendered in WP(C)/1646/2021 (Bhaskar Konwar Vs State of Assam and 4 Ors.) and other connected writ petitions.

¶8Accordingly, writ petition is allowed and disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010029142023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/816/2023o BITUoBARUAHo S/O.oLT.oJOGESHoBEZBARUAH,oVILL.oARARA,oP.O.oARARA,oP.S.oNALBARI,o DIST.oNALBARI,oASSAM-781334. VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o HEALTHoANDoFAMILYoDEPT.,oDISPUR,oGUWAHATI-06. 2:THEoDEPUTYoSECRETARY oTOoTHEoGOVT.oOFoASSAM oHEALTHoANDoFWoDEPT. oDISPUR-06. 3:THEoDIRECTORoOFoHEALTHoSERVICESo(FW) oASSAM oSWASTHYAoBHABAN oHENGRABARI oGUWAHATI-36. 4:THEoADDL.oCHIEFoMEDICALoANDoHEALTHoOFFICERo(FAMILYoWELFARE) oNALBARI oASSAM-781335. 5:THEoDEPUTYoCOMMISSIONER oNALBARI oASSAM-781335. Page No.# 2/4 6:THE STATE LEVEL SELECTION COMMITTEE REP. BY ITS CHAIRMAN THE CHIEF SECRETARY TO THE GOVT. OF ASSAM ASSAM SECRETEARIAT (C) DISPUR GUWAHATI-781006 ASSAM Advocate for the Petitioner : MR D KALITA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA