Deepamoni Hazarika @ Deepmoni Bora Hazarika v. The State of Assam and 4 Ors

ORDER

15.09.2023. Heard Shri MK Neog, learned counsel for the petitioner. Also heard Ms. M Bhattacharjee, learned Addl. Senior Government Advocate, Assam as well as Shri N Upadhyay, learned Standing Counsel, Irrigation Department, Assam.

¶2The issue involved is a claim for appointment on compassionate ground.

¶3It is the case of the petitioner that her husband, namely, Dipak Borah, was serving as Deputy Accounts Officer in the office of the Executive Engineer, Dhemaji Irrigation Division, Dhemaji, who had died-in-harness on 24.10.2009. The petitioner claims to have submitted an application for appointment on compassionate ground on 24.12.2009 which, however, was not placed before the DLC. Thereafter this petition has been filed. Page No.# 3/5

¶4This Court while issuing notice vide order dated 26.04.2023 made the following observations:

" Although, this writ petition, prima facie, appear to be hit by the principles of delay and laches, yet, since the application was filed within time, this Court would like to ascertain the reason as to why, her application was never considered by the DLC, as alleged. Mr. N. Upadhyay, learned Standing Counsel, Irrigation Department, Assam, prays for four weeks time to obtain instruction in the matter. Prayer allowed. Issue notice of motion returnable in four weeks."

¶5Shri N Upadhyay, learned Standing Counsel, Irrigation Department submits on instructions that the deceased employee was admittedly a Deputy Accounts Officer and the application for appointment on compassionate ground was submitted before the Director of Accounts and Treasuries, Assam and therefore, he is not aware as to whether the same was placed before the District Level Committee (DLC). The application, however, appears to have been routed through the Executive Engineer, Dhemaji Division (Irrigation), Dhemaji and from Annexure-B, it appears that in the enclosed format, the said Executive Engineer had forwarded the same for onward consideration.

¶6Ms. M Bhattacharjee, learned Addl. Senior Government Advocate, Assam Page No.# 4/5 has submitted that instruction were sought for in terms of the earlier order dated 26.04.2023 with regard to the reason as to why the application was never considered by the DLC.

¶7This Court has been informed that the application has never been reached the DLC for such consideration.

¶8Though this Court had observed regarding the delay and laches on the part of the petitioner in approaching this Court, the query of this Court regarding the fate of the application has been answered by the learned counsel for the respondents in the aforesaid manner that the same was never placed before the DLC.

¶9Under those facts and circumstances, this Court is of the view that interest of justice would be met if a consideration is made by the DLC of the case of the petitioner.

¶10Accordingly, it is directed that the DLC would consider the case of the petitioner in its next meeting for her claim for appointment on compassionate ground. It is further made clear that since the matter has been kept pending at the hands of the authority, the factor of age would not come into the way of such consideration. Page No.# 5/5

¶11The writ petition stands disposed of in the manner indicated above.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010085202023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2202/2023o DEEPAMONIoHAZARIKAo@oDEEPMONIoBORAoHAZARIKAo WIFEoOFoLATEoDIPAKoBORAH,o RESIDENToOFoMAYENGoNARAHoPATH,o WARDoNO.o3,o P.O.oANDoP.S.-oDHEMAJI,o DISTRICT-oDHEMAJI,oPIN-o787057,o ASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,o IRRIGATIONoDEPARTMENT,oASSAM,o DISPUR,oGUWAHATI-6. 2:THEoDIRECTORoOFoACCOUNTSoANDoTREASURIES oASSAM oKARoBHAWAN oDISPUR oGHY-6. 3:THEoCHIEFoENGINEER oIRRIGATIONoDEPARTMENT oASSAM oCHANDMARI oGUWAHATI-3. 4:THEoEXECUTIVEoENGINEER oIRRIGATIONoDEPARTMENT oDHEMAJIoDIVISION oDHEMAJI Page No.# 2/5 PIN- 787057. 5:THE DEPUTY COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT DHEMAJI DISTRICT- DHEMAJI ASSAM 787057 Advocate for the Petitioner : MR. M K NEOG Advocate for the Respondent : SC, IRRIGATION BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI