Kamakhya Acharjya v. The Union of India and Ors

ORDER Date : 21.06.2023 Heard Mr. P. J. Phukan, the lerned counsel appearing on behalf of the Petitioner and Mrs. A. Gayan, the learned Assistant S.G.I. appearing on behalf of the Respondents.

¶2The instant writ petition has been filed by the Petitioner being aggrieved by the rejection of his claim for appointment on compassionate ground in any Group-C and Group-D post as per his qualification/eligibility.

¶3It appears on record that the father of the petitioner died in harness on

10.11.2006. Pursuant thereto, the mother of the Petitioner filed an application to the Chief Engineer, B&BB Central Water Commission that her son i.e. the Petitioner had passed the Higher Secondary Examination and to consider his case for appointment on compassionate grounds. It reveals that the application of the Petitioner to be considered for appointment on compassionate grounds Page No.# 3/4 was forwarded to the Respondent Authorities and vide Annexure-E, the application of the Petitioner for compassionate appointment was rejected. It is under such circumstance, the instant writ petition has been filed seeking a Mandamus that the Respondent Authorities should consider the case of the Petitioner and appoint him on compassionate grounds.

¶4It reveals from the records that an affidavit-in-opposition was filed by the Respondents through the Executive Engineer Officer, Central Water Commission on 06.06.2012. In the said affidavit, it was mentioned that as per Para 7 of the O.M. dated 09.10.1998, compassionate appointment can be made up to a maximum of 5% of the vacancies falling under direct recruitment quota in any Group-C and Group-D post. In the relevant year i.e. in 2008-2009, there was only one vacancy in Group-C post. There were 17 applicants including the Petitioner. In the meeting held on 19.04.2010, the application of the Petitioner was considered along with other applicants. It is further seen from the affidavit and more particularly to the list enclosed as Annexure-2 to the said affidavit-in-opposition that the Petitioner secured 47 points and in the merit list appeared at 7th position. It was therefore stated in the said affidavit-in-opposition that the Petitioner could not be appointed on compassionate grounds.

¶5I have heard the learned counsels for the parties. Upon perusal of the materials available in the records, it transpires that the Petitioner's case was duly considered. This Court further finds it relevant to take note of that the father of the Petitioner had expired in the year 2006 and appointment on compassionate grounds are given only to tide out from the emergent difficulties which occur due to the death of the sole bread earner of the family. As on today, almost 17 years have passed by. Under such circumstances, this Court is Page No.# 4/4 of the opinion that not only on the ground that the Petitioner secured less points than others in the assessment made in the meeting held on 19.04.2010, but it is the opinion of this Court that the present case also is not a fit case for a direction to be issued after 17 years for consideration of the case of the Petitioner for compassionate appointment.

¶6Accordingly, the instant writ petition stands dismissed. No costs.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010108372011 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5616/2011o KAMAKHYAoACHARJYAo S/O-oLT.oBHABENDRAoACHARJEE,oVILL.-oATHIABARIoBARMANoPARA,oP.O.-o BARPETAoROAD,oDIST.-oBARPETA,oASSAM,oPIN-o781315. VERSUSo THEoUNIONoOFoINDIAoandoORSo THROUGHoTHEoSECY.,oMINISTRYoOFoWATERoRESOURCES,oGOVT.oOFo INDIA,oNEWoDELHI,oPIN-o110001. 2:THEoSECTIONoOFFICERoOoandoM oCENTRALoWATERoCOMMISSION oGOVT.oOFoINDIA oSEWAoBHAWAN oR.K.oPURAM oNEWoDELHI-o110066. 3:THEoCHIEFoENGINEER oBoandoBB oCENTRALoWATERoCOMMISSION oSHILLONG oMEGHALAYA oPIN-o793001. 4:THEoSUPERINTENDINGoENGINEER oHYDROLOGICALoOBSERVATIONoCIRCLE oCENTRALoWATERoCOMMISSION oGOVT.oOFoINDIA oCWCoCOMPLEXoBEHINDoADABARIoBUSoSTAND oP.O.-oGAUHATIoUNIVERSITY oDIST.-oKAMRUP oASSAM Page No.# 2/4 PIN- 781014. 5:THE EXECUTIVE ENGINEER LOWER BRAHMAPUTRA DIVISION CENTRAL WATER COMMISSION GOVT. OF INDIA HAKIMPARA JALPAIGURI WEST BENGAL PIN- 735101 Advocate for the Petitioner : MSA B PHUKAN Advocate for the Respondent : MS.B DAS BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH