Jitendra Shah v. The State of Assam and 4 Ors

ORDER

17.02.2024.

¶1None appears for the petitioner on call. However, Mr. C. S. Hazarika, learned Government Advocate, Assam and Ms. M. Das, learned Standing Counsel for the PWD are present.

¶2The present writ petition is filed assailing a Minutes of the Meeting of State Level Committee dated 23.12.2019 so far the petitioner is concerned, whereby the claim of the petitioner for compassionate appointment was negated by the respondents.

¶3The basic ground of challenge is that in spite of this Court's order dated

27.05.2019 passed in the earlier writ proceeding filed by the petitioner being WP(C) No. 3363/2019, the respondents are not taking any action.

¶4This Court under its order dated 02.02.2023 observed that in view of the earlier direction, the appropriate action would be a contempt petition not a writ petition. Accordingly, the matter was adjourned on the prayer of the learned counsel for the petitioner on 02.02.2023.

¶5When the matter is listed today, Mr. C. S. Hazarika, learned Government Advocate, Assam has submitted that in its subsequent meeting held on Page No.# 3/3

02.03.2023, the name of the petitioner has been recommended for appointment on compassionate ground by the SLC. A copy of such Minutes of meeting dated

02.03.2023 is also produced before this Court.

¶6In view of the aforesaid, nothing survives to be adjudicated in the present writ petition. Accordingly, same stands closed.

¶7The copy of the Minutes of Meeting of the State Level Committee for appointment on compassionate Ground held on 02.03.2023 at 07:00 PM in the office Chamber of the Chief Secretary to the Government of Assam, Dispur is kept on record and marked as document "X". JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010147942021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4817/2021o JITENDRAoSHAHo S/OoLATEoPUNDEWoSHAH,o RESIDENToOFoVILLAGEoBUDORURTUP,oWARDoNO.o13,oPO,oPSoANDoDISTo BARPETA,oASSAMo781301 VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.OFoASSAMoANDo CHAIRMAN,oSTATEoLEVELoCOMMITTEEoFORoAPPOINTMENToONo COMPASSIONATEoGROUND,oDISPUR,oGUWAHATIo06 2:THEoCOMMISSIONERoANDoSPECIALoSECRETARY oTOoTHEoGOVT.oOFoASSAM PWDo(ROADS)oDISPUR GUWAHATIo oASSAM 3:THEoCHIEFoENGINEER oPWD(ROADS)oCHANDMARI GUWAHATI 4:THEoCHAIRMANoDISTRICToLEVELoSELECTIONoCOMMITTEEoFORo APPOINTMENTONoCOMPASSIONATEoGROUND oANDoDEPUTYoCOMMISSIONER oBARPETA oASSAM 5:THEoEXECUTIVEoENGINEER oPWD Page No.# 2/3 RURAL ROAD DIVISION BARPETA ASSA Advocate for the Petitioner : MR D N BHATTACHARYYA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY