Jony Narzary, v. The Union of India and 3 Ors

ORDER

22.11.2023

Heard Ms. B. Saha, learned counsel for the applicant and Mr. K. Gogoi, learned CGC for the Union of India. This application has been filed by the applicant seeking certain corrections in the order dated 16.10.2023 passed in WP(C) No.1032/2021. By order dated

16.10.2023 the writ petition being WP(C) No.1032/2021 was disposed of. The order dated 16.10.2023 is quoted herein below: "2. This writ petition is filed by the petitioner praying for appointment of the petitioner on compassionate scheme as her father died in harness on 18.01.2015 while the petitioner was a minor (about 15 years of age). The petitioner made an application for compassionate appointment on 21.07.2017 but the same was rejected. The learned counsel for the petitioner submits that the respondents on 21.12.2018 issued a notification stating that Standard Operating Procedure (SOP) has been revised which lays down the procedure for consideration the cases for appointment under compassionate scheme.

¶3Mr. S.S. Roy, learned CGC appearing for the respondents submits that an affidavit has been filed where the maintainability of the writ petition itself has been objected to as it is submitted that the matter ought to have been filed before the Central Administrative Tribunal instead of approaching this Court. Page No.# 3/4

¶4Be that as it may, without entering into the merits of the case, in view of the prayer made by the petitioner before this Court that she would like to file a fresh application before the respondent no.3 requesting for consideration of her claim for appointment on compassionate scheme, this Court permits the petitioner to file necessary application before the concerned authority. Any such application is filed before the concerned authority, the concerned authority will look into the grievances of the petitioner and thereupon, after hearing the petitioner shall pass a speaking order disposing of the claims for compassionate appointment raised by the petitioner. Any such speaking order that may be passed will be served upon the petitioner while disposing of the claims of the petitioner. The authority will also take note of any such engagement made or given to the petitioner on casual basis to determine suitability of engagement of the petitioner on compassionate grounds." Learned counsel for the applicant submits that the father of the petitioner died on "18.01.2005" but the same was wrongly recorded in the order dated 16.10.2023 as "18.01.2015". Further, submission is that on 16.10.2023, Dr. R. Sarma, learned counsel appeared on behalf of the writ petitioner but in his place the name of Mr. B.K. Bhattacharjee, learned counsel was wrongly recorded. Upon careful perusal of the order dated 16.10.2023 and also taking into consideration of the submissions made by the learned counsel for the applicant and which is not objected to by the learned CGC, this IA is allowed. Accordingly, in the order dated 16.10.2023, the name of the learned counsel shall be read as Dr. R. Sarma, instead of Mr. B.K. Bhattacharjee and the date of death Page No.# 4/4 of the petitioner's father shall be read as "18.01.2005" in place of "18.01.2015". This order shall read together along with the direction contained in the order dated 16.10.2023 passed in WP(C) No.1032/2021 . The I.A. stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010253362023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3369/2023 JONY NARZARY, D/O- LT. NIBARAM NARZERY, C/O- LT. M. SHARMA, ZOO ROAD, H.NO.2, BARNALI PATH, P.S.- DISPUR, GHY-05 VERSUS THE UNION OF INDIA AND 3 ORS REP. BY THE SECRETARY TO THE GOVT. OF INDIA, (MINISTRY OF INFORMATION AND BROADCASTING), NEW DELHI- 110001 2:PRASAR BHARATI PRASAR BHARATI SECRETARIAT PRASAR BHARATI HOUSE COPERNICUS MARG NEW DELHI- 110001 REP. BY ITS DIRECTOR GENERAL 3:THE DY. DIRECTOR PRASAR BHARATI ALL INDIA RADIO CHANDMARI GHY-3 4:STATION SUPERINTENDENT ALL INDIA RADIO/PRASAR BHARATI CHANDMARI GHY- Advocate for the Petitioner : MS D SHARMA Advocate for the Respondent : DY.S.G.I. Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA