Ismoth Tufa Laskar v. The State of Assam and 5 Ors

PageoNo.#o1/3 GAHC010252832023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oReview.Pet./7/2024o ISMOTHoTUFAoLASKARo D/OoLATEoAZIRoUDDINoLASKARo(oDIEDoINoHARNESSoONo19.11.2013oASo KHALASI,oGRADEo-IVoAToSILCHARoPHEoDIVISIONo,oCACHAR),oR/OoVILL-o SAIDPURoPART-IoP.OoSONABARIGHAT,oDIST-oCACHAR,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oPUBLICoHEALTHoENGINEERINGoDEPARTMENT,oDISPUR,o GUWAHATI-o788006. 2:THEoSTATEoLEVELoCOMMITTEE o(FORoCOMPASSIONATEoAPPOINTMENT)oTOoBEoREPRESENTEDoBYoTHEo CHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDISPUR oGUWAHATI-o788006. 3:THEoDEPUTYoCOMMISSIONERoCUMoCHAIRMANoOFoDISTRICToLEVELo COMMITTEEo(DLC) oCACHAR oP.OoSILCHAR oDIST-oCACHAR oPINo-o788001. 4:THEoCHIEFoEXECUTIVEoENGINEER oPHEo(P) oASSAMoHENGRABARI oGUWAHATI oDIST.oKAMRUP(METRO) oASSAMoPIN-o781036. Page No.# 2/3 5:THE ADDITIONAL CHIEF ENGINEER PHE BARAK VALLEY ZONE SILCHAR DIST-CACHAR ASSAM PIN - 788001 6:THE EXECUTIVE ENGINEER

(PHE) SILCHAR DIVISION NO.1 SILCHAR DIST-CACHAR ASSAM PIN - 788001 For the petitioner : Mr. B. Purkayastha, Advocate For the respondents : Mr. N. Das, Govt. Advocate, Assam Mr. D. Gogoi, S.C., PHE

– B E F O R E – HON'BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND 25-04-2024 (Vijay Bishnoi, C.J.)

¶1This review petition is filed by the petitioner seeking review of the judgment and order dated 18.09.2023 passed by this Court in WA 333/2023 whereby the writ appeal filed by the appellant (review petitioner herein) has been dismissed.

¶2The appellant approached this Court by way of filing writ petition, being, WP(C) 2575/2023 with the prayer to issue direction to the respondents to provide compassionate appointment to him on account of death of her father in the year 2013 while he was serving as government servant. The learned Single Judge dismissed the writ petition on the ground that the review petitioner Page No.# 3/3 approached this Court after a delay of around six years. The Division Bench of this Court vide judgment and order dated 18.09.2023 affirmed the order passed by the learned Single Judge while relying on the decisions of the Hon'ble Supreme Court in the case of Umesh Kumar Nagpal vs. State of Haryana, reported in (1994) 4 SCC 138.

¶3Learned counsel appearing for the review petitioner has submitted that the Single Bench of this Court vide order dated 04.08.2023 disposed of WP(C) 495/2023 while giving a direction to the State respondents to consider the petitioner's application for compassionate appointment afresh in terms of Clause 15 of the Office Memorandum dated 01.06.2015. It is argued that in case of the review petitioner also, similar direction ought to have been issued.

¶4Having gone through the judgment passed by the learned Single Judge as well as the Division Bench of this Court, we find that no such argument was raised by the review petitioner at the time of hearing of the writ petition as well as the writ appeal.

¶5Moreover, the Court has non-suited the review petitioner/writ appellant on the ground of delay in approaching the Court. Hence, we do not find any case for review of the judgment and order dated 18.09.2023 passed by this Court in WA 333/2023. The review petition is, accordingly, dismissed.

JUDGE CHIEF JUSTICE Comparing Assistant