Pankaj Bhuyan v. The State of Assam and 3 Ors

ORDER

29.05.2024 (Vijay Bishnoi, CJ)

The application filed by the appellant seeking compassionate appointment was rejected by the respondent State. Challenging the said action of the State, the appellant preferred a writ petition, being WP(C) 643/2023, before this Court which came to be dismissed by the learned Single Judge vide the impugned judgment dated

10.04.2024. Being aggrieved with the order passed by the learned Single Judge, the instant writ appeal has been preferred by the appellant. The learned Single Judge has dismissed the writ petition taking into consideration paragraph 7.5 of the judgment rendered by the Hon'ble Supreme Court in the case of State of West Bengal vs. Debabrata Tiwari, reported in (2023) SCC Online SC 219. Having heard the learned counsel for the appellant and after going through the material available on record, we are of the view that it is not advisable to issue a direction to the respondents to provide appointment to the appellant on compassionate ground after so many years, as the father of the appellant, who was in government service, died way back in the year 2007. The appellant and his family members have survived since 2007 without a government job. Hence, the learned Single Judge has rightly come to the conclusion that any direction issued to the respondents to provide appointment to the appellant on compassionate ground after a period of 17 years of the death of his father would not be in sync with the objective of the scheme of compassionate appointment. Page No.# 3/3 Hence, we do not find any case for interference with the impugned order. Accordingly, the writ appeal is dismissed.

JUDGE CHIEF JUSTICE Comparing Assistant

Page No.# 1/3 GAHC010094792024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/158/2024 PANKAJ BHUYAN S/O- LT. TOPEDHAR BHUYAN, VILL.- KUTUWAGURI GAON, P.O.- TELAHI, DIST.- LAKHIMPUR, ASSAM. VERSUS THE STATE OF ASSAM AND 3 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF HOME AND POLITICAL, GUWAHATI- 06. 2:THE DIRECTOR GENERAL OF POLICE ASSAM ASSAM POLICE HEADQUARTER ULUBARI GUWAHATI- 781007. 3:THE DY. COMMISSIONER LAKHIMPUR CUM CHAIRMAN DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT DIST.- LAKHIMPUR ASSAM. 4:THE SUPERINTENDENT OF POLICE LAKHIMPUR DIST.- LAKHIMPUR ASSAM Advocate for the Petitioner : MR M J QUADIR Advocate for the Respondent : GA, ASSAM Page No.# 2/3 BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM