Sanjib Lahary @ Sanjib Lahari v. The State of Assam and 3 Ors

ORDER Date : 26.06.2024 Heard Mr. P. Chakraraborty, learned counsel for the petitioner. Also heard Mr. R. Dhar, learned standing counsel for the PWD, respondent nos.1, 2 and 3; and Mr. V. Choudhury, learned standing counsel for the BTC, respondent no.4.

¶2The case of the petitioner is that his father Arjun Lahari was serving as Muster Roll worker under PWD (Roads) Division, Baksa and he died on

17.07.2017.

¶3As per the representation annexed to this writ petition as Annexure-F, it appears that the prayer of the petitioner was to provide him with the arrear salary of his father. However, in the prayer made in this writ petition, the petitioner is seeking a direction upon the respondent authorities to appoint him in a Grade-IV post.

¶4In this writ petition, there is no document to show that the service of the father of the petitioner was regularized. Moreover, it is seen that the petitioner had not applied for appointment on compassionate ground in the manner prescribed. Page No.# 3/3

¶5Unless the petitioner is able to demonstrate that the service of his father was regularized, the petitioner would not be able to make a claim for appointment on compassionate ground. Even assuming that the petitioner has applied for appointment on compassionate ground, but in view of the Principle-X laid down in the judgment of this Court in the case of Achyut Ranjan Das Vs. State of Assam & Ors., 2006

(4) GLT 674 and in view of the OM dated 01.06.2015, the Court does not find the petitioner to be entitled for appointment on compassionate ground.

¶6Accordingly, this writ petition stands dismissed at the motion stage without issuance of notice on the respondents.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010120912024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3234/2024o SANJIBoLAHARYo@oSANJIBoLAHARIo S/O-oLATEoARJUNoLAHARYo@oARJUNoLAHARI,oR/O-oVILL.-oNIZoDEFELI,o GARAMSING,oP.O.oNIZoDEFELI,oP.S.oTAMULPUR,oDIST-oBAKSA,oASSAM,oPIN- 781367. VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oPUBLICoWORKSo(ROADS)oDEPARTMENT,o DISPUR,oGROUNDoFLOOR,oBLOCK-B,oASSAMoSECRETARIAT,oGUWAHATI- 781006. 2:THEoCHIEFoENGINEER oP.W.D.o(ROADSoDIVISION) oCHANDMARI oGUWAHATI-781003. 3:THEoEXECUTIVEoENGINEER oPWDo(R) oMUSHALPURoDIVISION oMUSHALPUR oBAKSA oBODOLANDoTERRITORIALoREGION oASSAM 4:THEoBODOLANDoTERRITORIALoREGIONo(BTR) oREPRESENTEDoBYoITSoPRINCIPALoSECRETARYoCUMoC.E.O oBODOFAoNWGWR Page No.# 2/3 BODOLAND TERRITORIAL COUNCIL SECRETARIAT KOKRAJHAR BTR ASSA Advocate for the Petitioner : MD. M H CHOUDHURY Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA