The State of Assam and 4 Ors v. Mamidul Hassan and Anr

ORDER 05-04-2024 (M.R.Pathak, J) Heard Ms. U Sharma, learned Government Advocate, Assam for the applicant.

¶2This application has been filed by the State to condone the delay of 190 days in preferring the connected appeal against the order dated 16.06.2023 passed by the learned Single Judge in WP(C) No. 1211/2023 (Mamidul Hassan -Vs-State of Assam & 5 Ors.) whereby the Court considering a common judgment and order dated 30.01.2023 passed in WP(C) No. 1646/2021 and other connected cases allowed the said writ petition setting aside the minutes of the State Level Committee for Compassionate Appointment dated 22.01.2022 whereby the case of the said writ petitioner was rejected for his compassionate appointment as the father of the said petitioner who died in harness had less than three years of service pursuant to Clause-1 of the Office Memorandum No. ABP 50/2006/Pt/182 dated 01.06.2015 of the State Government in the Personnel (B) Department relating to appointment on compassionate ground of the dependents of the Government employee who dies in harness, retires prematurely on being declared permanently incapacitated for service and who is missing and whose whereabouts is not known for the last 7 years.

¶3By the said order dated 16.06.2023 following the common judgment and order dated

30.01.2023 passed in WP(C) No. 1646/2021 and other connected cases, the learned Single Judge remanded the matter back to the State Level Committee for Compassionate Appointment to take a fresh decision de-hors Clause-1 of the said Office Memorandum dated 01.06.2015, noted above.

¶4While disposing of said WP(C) No. 1211/2023 by order dated 16.06.2023, the Court also observed that appeal against the said common judgment and order dated 30.01.2023 was pending, but there was no interim stay granted by the Division Bench. Page No.# 4/4

¶5It has been placed before the Court by Ms. U Sharma, learned Government Advocate, Assam that Division Bench of this Court by an order dated 11.01.2024 passed in I.A.(Civil) No. 3787/2023 stayed the said judgment and order dated 30.01.2023 passed in WP(C) No. 3245/2021 and other connected cases, which was also part of WP(C) No. 1646/2021, noted above.

¶6The applicant State could show sufficient reason to our satisfaction for condoning the delay of 190 days in preferring the connected appeal against the order dated 16.06.2023 passed in WP(C) No. 1211/2023 following the common judgment and order dated 30.01.2023 passed in WP(C) No. 1646/2021 and other connected cases.

¶7This Interlocutory Application stands allowed, condoning the delay of 190 days.

¶8Registry shall accordingly register and number the connected writ appeal and shall place it before the appropriate bench.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010062762024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/963/2024o THEoSTATEoOFoASSAMoANDo4oORS.o REP.oBYoTHEoCHIEFoSECRETARYoCUMoCHAIRMAN,oSTATEoLEVELo COMMITTEEoFORoCOMPASSIONATEoAPPOINTMENT,oDISPUR,oGUWAHATI-o 6. 2:oTHEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOVT.oOFoASSAM oCOOPERATIONoDEPTT. oDISPUR oGUWAHATI-o6. 3:oTHEoDEPUTYoSECRETARY oTOoTHEoGOVT.oOFoASSAM oCOOPERATIONoDEPTT. oDISPUR oGUWAHATI-o6. 4:oTHEoREGISTRAR oCOOPERATIVEoSOCIETIES oASSAM oKHANAPARA oGUWAHATI. 5:oTHEoDISTRICToDEPUTYoREGISTRAR oCOOPERATIVEoSOCIETIES oBARPETA oDIST.-oBARPETA oASSAMo VERSUSo MAMIDULoHASSANoANDoANR.o S/OoLATEoABDULoBAREK,o VILL.-oDABALIAoPARA,oP.S.-oHOWLY,oPIN-o781316,oDIST.-oBARPETA,oASSAM. Page No.# 2/4 2:THE DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT REP. BY THE CHAIRMAN THE DEPUTY COMMISSIONER BARPETA ASSAM PIN Advocate for the Petitioner : MR. D NATH Advocate for the Respondent : Linked Case : CRP/0/0 State Of Assam And Ors Dispur Guwahati 6 2: Chief Secretary Cum Chairman State Level Committee For Compassionate Appointment Dispur Guwahati 3: Commissioner And Secretary Govt Of Assam Cooperation Dept Dispur Guwahati 4: Deputy Secretary Govt Of Assam Cooperation Dept Dispur Guwahati 5: Registrar Cooperative Societies Assam Khanapara Guwahati 6: District Deputy Registrar Cooperative Societies Barpeta Barpeta VERSUS Mamidul Hassan Village Dabalia Para P.S Howly Barpeta 2:District Level Committee For Compassionate Appointment Represented By The Deputy Commissioner Baredb Page No.# 3/4 Barpeta ------------ Advocate for : DIPANKAR NATH Advocate for : appearing for Mamidul Hassan BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND