Rupton Daimari v. The State of Assam and 6 Ors

O R D E R

06.03.2024

Heard Mr. M. Kalita, learned counsel for the petitioner. Also heard Mr. R. K. Musahary, learned Standing Counsel, BTC, for respondent Nos.4, 5, 6 and 7; Ms. M. Bhattacharjee, learned Additional Senior Government Advocate, Assam for respondents No.1 and 6 and Ms. M. Kalita, learned Standing Counsel, PHE Department, Government of Assam, for respondent Nos.2 and 3.

¶2The case of the petitioner, in brief, is that father of the petitioner late Junash Daimiari died in harness on 17.08.2014 while serving as Grade-IV employee (Pump Operator) in the office of the Executive Engineer (PHE), Tangla Division, Tangla. Thereafter, the petitioner made an application for appointment on compassionate ground. The said application was forwarded to the Director, PHED, BTC, Kokrajhar Page No.# 3/3 by a letter dated 08.06.2015 by the Joint Secretary, BTC, Kokrajhar.

¶3Grievance of the petitioner is that his case has not been placed before the DLC till date.

¶4On 16.02.2024, Mr. Musahary, learned Standing Counsel, BTC was directed to receive instructions.

¶5Today when the matter is called up, learned Standing Counsel, BTC has produced a communication dated 05.03.2024 written by the Additional Chief Engineer, PHED-cum-Director PHED, BTC, Kokrajhar stating that the proposal for compassionate appointment in respect of the petitioner was placed in the meeting of the DLC held on 20th August, 2016. The minutes of the DLC has also been enclosed with the said communication.

¶6Perusal of the minutes indicates that the case of the petitioner was not considered on the ground that there was no vacant sanctioned post of Pump Operator.

¶7In view of above, Mr. Kalita, learned counsel for the petitioner, prays for withdrawal of this writ petition with liberty to file afresh.

¶8Accordingly, the writ petition is disposed of on withdrawal with liberty, as prayed for.

¶9The communication dated 05.03.2024 as well as the minutes of the DLC meeting held on 20th August, 2016 is placed on record.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010031722023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1282/2023o RUPTONoDAIMARIo S/O-oLATEoJUNASHoDAIMARI,oR/O-oVILL.-oGERSONG,oP.O.oBANDARGURI,o P.S.oANDoDIST.oUDALGURIo(BTR),oASSAM,oPIN-o784509. VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARY-CUM-CHAIRMAN,oSTATEo LEVELoCOMMITTEE,oGOVERNMENToOFoASSAM,oDISPUR,oGUWAHATI- 781006. 2:THEoCOMMISSIONERoANDoSECRETARY oGOVERNMENToOFoASSAM oPUBLICoHEALTHoENGINEERINGoDEPARTMENT oDISPUR oGUWAHATI-781006. 3:THEoCHIEFoENGINEERo(PHE)oWATER oHENGRABARI oGUWAHATI oDIST.oKAMRUP(M) oASSAM oPIN-o781036. 4:THEoJOINToSECRETARY oBODOLANDoTERRITORIALoCOUNCIL oKOKRAJHAR oPIN-o783370. 5:THEoADDITIONALoCHIEFoENGINEERo(PHE)oCUMoDIRECTOR oPHED oBTR Page No.# 2/3 KOKRAJHAR DIST. KOKRAJHAR PIN- 783370. 6:THE DEPUTY COMMISSIONER CUM CHAIRMAN DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT UDALGURI DISTRICT ASSAM PIN- 784509. 7:THE EXECUTIVE ENGINEER (PHE) TANGLA DIVISION TANGLA DIST. UDALGURI ASSAM PIN- 784521 Advocate for the Petitioner : MR. M KALITA Advocate for the Respondent : GA, ASSAM BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR