Ebrahim Ali v. The State of Assam and 4 Ors

ORDER

02.08.2024. Heard Shri AAR Karim, learned counsel for the petitioner and Shri D Bora, learned State Counsel, Assam. Also heard Ms. S Sarma learned Standing Counsel, Health Department, Assam. The facts projected are that the father of the petitioner, Somesh Ali was working as a Rural Health Inspector in short RHI at Chunari State Dispensary in the Department of Health and Family Welfafe in the district of Goalpara and he had passed away while in service on 14.06.2016. The petitioner claims to have applied for appointment on compassionate ground on 18.08.2016. The case of the petitioner was however rejected by the DLC, Goalpara on 23.02.2018 on the ground of requisite numbers of vacancies. Shri D Bora, the learned State Counsel on the other hand has submitted that the death being in the year 2016, any direction for appointment on compassionate ground would be against the very object and purpose of the scheme. It is submitted that the Hon'ble Supreme Court in a catena of decisions including the decision of State of West Bengal Vs. Debabrata Tiwari & Ors., reported in AIR 2023 SC 1467 has laid down the principles and the case of the petitioner does not fall within those guidelines Page No.# 3/3 requiring any consideration. At this stage, Shri Karim, learned counsel for the petitioner prays for withdrawing the writ petition. Accordingly, the writ petition is dismissed on withdrawal.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010147802024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3851/2024o EBRAHIMoALIo S/O-oLATEoSOMESHoALI,oRESIDENToOFoVILL.oSOWARIoPOITARI,oP.O.o JOYBHUM,oP.S.oBAGUAN,oDIST.oGOALPARA,oASSAM,oPIN-o783129 VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo TOoBEoREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVT.oOFoASSAM,oHEALTHoANDoFAMILYoWELFAREo(A)oDEPARTMENT,o DISPUR,oGUWAHATI-o781006 2:THEoJOINToSECRETARY oTOoTHEoGOVT.oOFoASSAM oHEALTHoANDoFAMILYoWELFAREo(A)oDEPARTMENT oDISPUR oGUWAHATI-o781006 3:THEoDIRECTORoOFoHEALTHoSERVICES oASSAM oHENGRABARI oGUWAHATI-36 oP.O.oHENGRABARI oP.S.oDISPUR oGUWAHATI-o781036 4:THEoDISTRICToLEVELoCOMMITTEEo(DLC) oGOALPARAoREPRESENTEDoBYoTHEoDEPUTYoCOMMISSIONER oGOALPARAoP.O.oANDoP.S.oGOALPARA oDIST.-oGOALPARA oASSAM oPIN-o783101 Page No.# 2/3 5:THE JOINT DIRECTOR OF HEALTH SERVICES GOALPARA P.O. P.S. AND DIST. GOALPARA ASSAM PIN- 78310 Advocate for the Petitioner : MR. A A R KARIM, MD S A MONDAL,MR. H A HUSSAIN Advocate for the Respondent : GA, ASSAM, SC, HEALTH BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI