Smti. Purnima Telegu v. The State of Assam and 4 Ors

ORDER Date : 25/09/2023

Heard Mr. M. K. Borah, learned counsel for the petitioner.

¶2This Interlocutory Application is filed seeking restoration of W.P.

(C)/5044/2015 which came to be dismissed for none prosecution vide order dated 25.07.2016 passed by this Court.

¶3The matter pertains to compassionate appointment of the petitioner in the District of Dima Hasao. The petitioner's husband expired on 06.11.2013 leaving behind the applicant and a son and daughter. Pursuant thereto the applicant submitted an application for appointment under compassionate scheme. The same not being granted, the writ petition was filed, which however, came to be dismissed by order dated 25.07.2016.

¶4The learned counsel for the petitioner submits that the dismissal of the Page No.# 4/4 writ petition was never informed by the earlier engaged counsel, subsequently when the petitioner came to enquire about the status of a case, she came to be informed that the matter was dismissed for default. It is submitted that there was no fault on the part of the applicant which laid to the dismissal of the writ petition for default.

¶5The learned counsel for the petitioner submits that she had never been informed by the the then engaged counsel regarding the status of the matter and as such she has appeared before this Court on immediately upon being informed that the writ petition was dismissed by filing the instant Interlocutory Application.

¶6Having heard the learned counsel for the petitioner and upon perusal of the grounds urged in the Interlocutory Application, this Court is of the view that ends of justice will be met if the petition is restored to file as this is a case seeking appointment on compassionate ground and the writ petition came to be dismissed for non representation of the petitioner by the Advocate, who was engaged earlier. Notices in the matter was issued on 03.06.2022 pursuant thereto counsels had appeared and respondent counsels have also been served with extra copies however no objections have been filed as on date.

¶8In view of all of the above the Interlocutory Application is allowed. The order dated 25.07.2016 dismissing the writ petition for default stands recalled. W.P.(C)/5044/2015 is restored to file.

¶9The Interlocutory Application stands allowed and disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010102862022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/1561/2022o SMTI.oPURNIMAoTELEGUo W/OoLT.oDILIPoTELEGU,oR/OoRAILWAYoCOLONY,oMAIBANG,oP.O.oMAIBANG- 788831,oP.S.oMAIBANG,oDIST.oDIMAoHASAO,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o GENERALoADMINISTRATIONoBoDEPARTMENT,oDISPUR,oGUWAHATI-o 781006. 2:THEoDIRECTOR oGENERALoADMINISTRATIONoBoDEPARTMENT oDISPUR oGUWAHATI-o781006. 3:THEoDEPUTYoCOMMISSIONER oDIMAoHASAOoDISTRICT oP.O.oHAFLONG oDIST.oDIMAoHASAO oASSAM oPINo-o788819. 4:THEoSUB-DIVISIONALoOFFICERoCIVIL oMAIBANGoCIVILoSUB-oDIVISION oP.O.oMAIBANGo-o788831oDIST.oDIMAoHASAO oASSAM. 5:THEoDISTRICToLEVELoSELECTIONoCOMMITTEE oFORoCOMPASSIONATEoAPPOINTMENT Page No.# 2/4 DIST. DIMA HASAO ASSAM THROUGH ITS CHAIRMAN THE DEPUTY COMMISSIONER OF DIMA HASAO DISTRICT HAFLONG P.O. HAFLONG- 788819 DIST. DIMA HASAO ASSAM Advocate for the Petitioner : MR. M K BORAH Advocate for the Respondent : GA, ASSAM Linked Case : WP(C)/5044/2015 SMTI. PURNIMA TELEGU W/O LT. DILIP TELEGU R/O RAILWAY COLONY MAIBANG P.O. MAIBANG- 788831 P.S. MAIBANG DIST. DIMA HASAO ASSAM. VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM GENERAL ADMINISTRATION B DEPARTMENT DISPUR GUWAHATI- 781006. 2:THE DIRECTOR GENERAL ADMINISTRATION B DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE DEPUTY COMMISSIONER DIMA HASAO DISTRICT P.O. HAFLONG DIST. DIMA HASAO ASSAM Page No.# 3/4 PIN - 788819. 4:THE SUB-DIVISIONAL OFFICER CIVIL MAIBANG CIVIL SUB- DIVISION P.O. MAIBANG - 788831 DIST. DIMA HASAO ASSAM. 5:THE DISTRICT LEVEL SELECTION COMMITTEE FOR COMPASSIONATE APPOINTMENT DIST. DIMA HASAO ASSAM THROUGH ITS CHAIRMAN THE DEPUTY COMMISSIONER OF DIMA HASAO DISTRICT HAFLONG P.O. HAFLONG- 788819 DIST. DIMA HASAO ASSAM. ------------ Advocate for : MR.P K DUTTA Advocate for : GA ASSAMR1-5 appearing for THE STATE OF ASSAM AND 4 ORS BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA