Rupa Das v. The State of Assam and 3 Ors

ORDER Date : 30-01-2024 Heard Mr. A. Roshid, learned counsel for the writ petitioner. Also heard Mr. P. Nayak, learned standing counsel, PWD, Assam as well as Ms. M. Bhattachayya, learned Addl. Sr. Govt. Advocate, Assam appearing for the official respondents. It appears that the husband of the petitioner, who was engaged as a muster roll worker under the respondent authority, died-in-harness on 23-11-2015. Having lost the sole bread earner of the family, the petitioner had submitted an application seeking appointment in any Gr-IV post, on compassionate ground. The District Level Committee

(DLC), Goalpara had recommended her case. However, according to the petitioner, the State Level Committee (SLC) has not considered the recommendation of DLC made in her favour despite the orders passed by this Court in W.P.(C) No. 1783/2020 as well as the Contempt Case (C) No. 608/2022. Hence, the instant writ petition has been filed seeking a writ of mandamus. During the pendency of this writ petition, the respondent No. 2 has filed affidavit bringing on record a copy of the resolution of the State Level Selection Committee (SLSC) adopted in its meeting held on 31-12-2018 whereby, the recommendation made by the DLC in favour of the petitioner for appointment on compassionate ground, was rejected on the ground stated therein. Page No.# 3/3 Petitioner's counsel submits that his client has become aware of the said resolution of the SLSC for the first time from the affidavit of the respondent No. 2. Be that as it may, since the resolution dated 31-12-2018 is not under challenge in this writ petition, no relief can be granted to the petitioner in that regard. As such, this writ petition stands disposed of as not maintainable. However, the present order would not come in the way of the petitioner in assailing the resolution dated 31-12-2018, on merit and in accordance with law, if so advised. With the above observation, this writ petition stands disposed of.

JUDGE GS Comparing Assistant

PageoNo.#o1/3 GAHC010047272023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1296/2023o RUPAoDASo W/O-oLATEoSATISHoCHANDRAoDAS,oR/O-oVILL.-oAGIAoPT-II,oP.O.oAGIA,oDIST. GOALPARA,oASSAM,oPIN-o783129. VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oPUBLICo WORKSo(ROADS)oDEPARTMENT,oESSTT.oB.oBRANCH,oDISPUR,oGUWAHATI- 6. 2:THEoSTATEoLEVELoSELECTIONoCOMMITTEE oREPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oPUBLICoWORKSo(ROADS)oDEPARTMENT oESSTT.oB.oBRANCH oDISPUR oGUWAHATI-6. 3:THEoEXECUTIVEoENGINEER oPWD oGOALPARAoRURALoROADSoDIVISION oP.O.oANDoDIST.oGOALPARA-783001 oASSAM 4:THEoDEPUTYoCOMMISSIONER oGOALPARA oP.O.oANDoDIST.oGOALPARA oASSAM oPIN-o783101o AdvocateoforotheoPetitionerooooo:oMR.oAoROSHIDo Page No.# 2/3 Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM