Kailash Thakuria v. The State of Assam and 4 Ors

ORDER

13.09.2023 Heard Shri M. Sarania, learned counsel for the petitioner, who by means of this petition has claimed a consideration for appointment on compassionate ground. It is the case of the petitioner that his father, late Nagen Thakuria was a Dumper Handyman in the Office of the Executive Engineer, Water Resource Department and had expired on 05.11.1998. It is submitted that at that time, the petitioner was a minor and could not apply. However, subsequently, the petitioner had applied for appointment on compassionate ground and his name was forwarded on 29.01.2007. The District Level Committee had considered the case of the petitioner and recommended his case on 18.08.2007.

¶2It is the case of the petitioner thereafter, no information was received regarding any further consideration by the State Level Committee. Hence this writ petition has been filed in September 2023.

¶3Shri Sarania, learned counsel for the petitioner has submitted that once the matter of compassionate appointment is recommended by the District Level Committee, it is an incumbent upon the State Level Committee to consider and Page No.# 3/4 communicate the result of such consideration. That not being done, he prays that the present is a fit case for interference.

¶4Also heard Ms. M. Bhattacharyya, learned Additional Senior Government Advocate, Assam as well as Ms. J. Gogoi, learned Standing Counsel, Water Resource Department.

¶5The death, in the instant case, of the Government servant was in the year 1998. The explanation given is that the application could not be submitted immediately as the petitioner was a minor at that time. Nonetheless, such application was made in the year 2007 which itself was after a period of about 9 years from the date of death. Be that as it may, the application was considered by the District Level Committee and recommended. However, what intrigues this Court is that from 2007, the petitioner took more than 16 years to approach this Court with a grievance that there was no information about further consideration by the State Level Committee.

¶6This Court exercising its jurisdiction under Article 226 of the Constitution of India is a Court of Equity where the conduct of the party approaching this Court is of paramount importance and such conduct includes due diligence which is apparently lacking in the present case. Even the case projected by the petitioner that at the time of death he was a minor and could not apply immediately would also not go in favor of the petitioner as it is a settled law that there is no reason for the authorities to wait till an applicant attained majority vis-à-vis the scheme of appointment on compassionate ground as the primary objective is to give immediate succour to the bereaved family which has lost its sole bread winner.

¶7Under the aforesaid facts and circumstances, this Court is of the unhesitant opinion that present case is without merits and accordingly, the same Page No.# 4/4 stands dismissed. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010190412023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5229/2023o KAILASHoTHAKURIAo S/OoLATEoNAGENoTHAKURIA,oR/OoPACHIMoDHULI,oCHHAYGAON,oP.O.- PACHIMoDHULI,oP.S.-CHHAYGAON,oDIST-oKAMRUP,oPIN-781124 VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM/THEo CHAIRMAN,oSTATEoLEVELoCOMMITTEEoFORoCOMPASSIONATEo APPOINTMENT,oDISPUR,oGUWAHATI-781006 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oW.R.oDEPARTMENT oDISPUR oGUWAHATI-781006 3:THEoCHIEFoENGINEER oASSAMoW.R.oDEPARTMENT oBASISTHA oGUWAHATI-781006 4:THEoDEPUTYoCOMMISSIONER oKAMRUPo(M) oTHEoCHAIRMANoOFoDISTRICToLEVELoCOMMITTEE oLICHUBAGAN oHENGRABARI oGUWAHATI oASSAM oPIN-781036 5:THEoEXECUTIVEoENGINEER oMECHANICALoDIVISIONoW.R.oDEPARTMENT Page No.# 2/4 BASISTHA GUWAHATI-2 Advocate for the Petitioner : MR. M SARANIA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI