Probhat Borah v. The State of Assam and 4 Ors

ORDER Date : 16.02.2024

Heard Mr. N. Sarma, learned counsel for the petitioner.

¶2The father of the petitioner late Dharmeswar Borah, while serving as Assistant Manager of Sonariati C.M.G, Majuli under the establishment of the Superintendent of Sericulture Majuli died-in-harness on 05.10.2015. Thereafter, petitioner applied for appointment on compassionate grounds in the prescribed format on 10.11.2015. The District Level Committee, Jorhat in its meeting held on 17.11.2015 recommended the case of the petitioner for appointment on compassionate grounds. Thereafter, the State Level Committee in its meeting held on 11.08.2017 did not recommend the case of the petitioner due to non-availability of post for compassionate grounds against Grade-III post. Being Page No.# 3/3 aggrieved, petitioner is before this Court by way of the present writ petition.

¶3On perusal of the materials available on record, it is seen that after the SLC held its meeting on 11.08.2017. The non-recommendation of the case of the petitioner was never informed to the petitioner and it was only after he filed an RTI application that the same was made available to him on 25th of September, 2021.

¶4Clause-15 of the Office Memorandum dated 1st of June, 2015 provides that if sufficient vacancies are not available in any particular Office to accommodate the persons in the waiting list for compassionate appointment it is open to the Administrative Department/Office to take up the matter with other Department/ Offices of the Government to provide an early appointment on compassionate grounds to those in the waiting list. What this Court has noticed is that the SLC did not invoke Clause-15 of the OM dated 01.06.2015 and simply did not recommend the case of the petitioner on the ground that there was no vacancy.

¶5Accordingly, this writ petition is disposed of directing the State Level Committee to reconsider the case of the petitioner in terms of Clause-15 of the Office Memorandum dated 1st June 2015 and thereafter, pass appropriate order(s). Let such consideration be made in the next immediate sitting of the State Level Committee. The outcome of the decision of the SLC shall be communicated to the petitioner thereafter.

¶6With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010121392023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3330/2023o PROBHAToBORAHo SONoOFoLATEoDHARMESWARoBORAD,o VILLAGE-oPAHUMARAoGAON,o P.O.-oRANGACHAHIoNIKINIKHOWA,o P.S.-oJENGRAIMUKH,o DISTRICT-oMAJULI,oASSAM,o PIN-o785104. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,o SERICULTUREoDEPARTMENT,o DISPUR,oGUWAHATI-o781006. 2:THEoDIRECTORoOFoSERICULTURE oASSAM oKHANAPARA oGUWAHATI-o781022 o DISTRICT-oKAMRUP oASSAM. 3:THEoASSISTANToDIRECTORoOFoSERICULTURE oMAJULI oKAMALABARI oDISTRICT-oMAJULI o ASSAM oPIN-o785104. Page No.# 2/3 4:THE STATE LEVEL SELECTION COMMITTEE (SLC) REPRESENTED BY ITS CHAIRMAN-CUM-CHIEF SECRETARY GOVERNMENT OF ASSAM DISPUR GUWAHATI- 781006. 5:THE DEPUTY COMMISSIONER JORHAT-CUM-CHAIRMAN DISTRICT LEVEL COMMITTEE (DLC) JORHAT ASSAM PIN- 785001 Advocate for the Petitioner : MR N SARMA Advocate for the Respondent : SC, SERICULTURE BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR