Bilal Uddin Barbhuiya v. The State of Assam and 4 Ors

ORDER

20.03.2024 Heard Mr. A.K. Dutta, learned counsel for the petitioner and Mr. D. Borah, learned Government Advocate for the State respondents.

¶2The case of the petitioner in brief is that his father, late Siraj Uddin Barbhuiya, who was serving as a Grade-IV in the Office of the Executive Engineer, PWD, Hailakandi, Rural Road Division, died in harness on

03.08.2009. The petitioner being the son of the deceased Government employee and being qualified submitted the application dated 05.08.2009 in the required format for compassionate appointment. As no information was forthcoming from the respondent authorities on the application submitted by the petitioner, the petitioner again on 07.02.2011 as well as

21.01.2014 submitted applications to the Executive Engineer, PWD, Hailakandi, Rural Road Division, for considering the appointment of the petitioner on compassionate ground. In response to the application submitted by the petitioner the Deputy Commissioner and Chairman, Page No.# 3/4 District Level Committee, Hailakandi, furnished the copy of the order dated 13.05.2022 stating therein that although the petitioner was found eligible for appointment to Grade-IV or equivalent post, the case of the petitioner could not be considered due to lack of vacancy for compassionate appointment in the Office of the Executive Engineer, PWD, Territorial Road, Hailakandi. The order further provided that the proposal for considering the application of the petitioner is kept pending for the next District Level Committee.

¶3Being aggrieved by the order dated 13.05.2022 passed by the Deputy Commissioner and Chairman, District Level Committee, Hailakandi, the present writ petition has been filed impugning the order dated

13.05.2022 as well as seeking for a direction to the State respondents to consider the appointment of the petitioner against Grade-IV post on compassionate ground by placing the case of the petitioner before the next available District Level Committee.

¶4Mr. D. Borah, learned Government Advocate submits that the writ petition can be disposed of with a direction to the State respondents to place the case of the petitioner before the next District Level Committee for considering the appointment of the petitioner on compassionate ground in any available vacancy in accordance with law. Mr. A.K. Dutta, learned counsel for the petitioner is not averse to the submission made by the learned Government Advocate.

¶5In view of the submissions made by the learned counsel for the parties, this Court directs that the application dated 05.08.2009 submitted by the petitioner shall be positively placed before the next District Level Committee and the District Level Committee shall thereafter consider the Page No.# 4/4 case of the petitioner for compassionate appointment against any available vacancy and in accordance with law. Any rejection of the application submitted by the petitioner shall be by a speaking order.

¶6With the above observations and directions, this writ petition is disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010056562023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1650/2023o BILALoUDDINoBARBHUIYAo S/O-oLATEoSIRAJUDDINoBARBHUIYA,o R/O-oVILLAGEoSAHABADoPARToII,o P.O-oSAHABAD,oP.S-oKATLICHERA,oDIST-oHAILAKANDI,oASSAM,oPIN-788163 VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DISPUR,oGUWAHATI-6 2:THEoSTATEoLEVELoCOMMITTEE o(FORoCOMPASSIONATEoAPPOINTMENT)oTOoBEoREP.oBYoTHEoCHIEFo SECRETARY oTOoTHEoGOVT.oOFoASSAM oDISPUR oGUWAHATI-06 3:THEoDEPUTYoCOMMISSIONER oCUMoCHAIRMANoOFoDISTRICTLEVELoCOMMITTEEo(DLC) oHAILAKANDI o P.OoANDoDIST-oHAILAKANDI oASSAM oPIN-788151 4:THEoCHIEFoENGINEER oPUBLICoWORKSoDEPARTMENTo(ROAD) oASSAM oCHANDMARI oGUWAHATI-03 Page No.# 2/4 5:THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT HAILAKANDI DISTRICT TERRIORIAL ROAD DIVISION HAILAKANDI ASSAM PIN-78815 Advocate for the Petitioner : MR. A K DUTTA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE K. SEMA