GUWAHATI, India, Jan. 16 -- Gauhati High Court issued the following order on Dec. 16:
1. Heard Mr. M.R. Adhikari, learned counsel for the petitioner. Also heard Mr. K. Konwar, learned Addl. AG, Assam appearing for the State/ respondent and Mr. J. Ahmed, learned counsel appearing for the respondent No. 7.
2. The petitioner by way of the present application has assailed the decision of the State Level Committee (SLC) arrived at in its meeting held on 03-10-2019, towards rejecting his claim for appointment on compassionate ground, while proceeding to recommend the case of the respondent No. 7 for such appointment. The petitioner has also assailed the appointment effected in respect of the respondent No. 7 on compassionate grounds, on 18-11-2021.
3. The father of the petitioner, herein, Uday Sankar Purkayastha while working as a Jugali in the Regional office of the Department of Information & Public Relations, Barak Valley Region, Silchar, died-in-harness on 14-05-2012. The petitioner had submitted his application for being considered for appointment on compassionate grounds against any Gr-IV vacant post on 20-07-2012.
The District Level Committee (DLC) on being forwarded with the claim made by the petitioner, considered the same and recommended the case of the petitioner for appointment against a vacant post by the DLC in its meeting held on 28-02-2014. In the said meeting, the claim of the respondent No. 7, herein, Smti. Seema Deb was also considered, however, no recommendation came to be made in respect of the respondent No. 7 on account of non-availability of vacancy. The materials brought on record reveals that the subsequently the District Level Committee (DLC) had also made a recommendation in favour of the respondent No. 7, herein, in its meeting held on 23-12- 2014. The recommendation made in respect of the petitioner, herein, as well as that made in respect of the respondent No. 7 came to be placed before the SLC in its meeting held on 03-10-2019. The SLC upon considering the case of the petitioner, herein, by noticing that 02 (two) years having lapsed from the date of submission of the application by the petitioner, the same having spent its force and there being no vacancy available during the period, proceeded to reject the claim of the petitioner, herein. The SLC, thereafter, considered the claim of the respondent No. 7 and proceeded to draw the following conclusions:-
"The SLC examined the cases of (1) ........................., (2) Seema Deb, W/o Lt. Ashutosh Deb, Unit Boy, who expired on 10.08.2013, (3) ....................., (4)..........................., (5) ........................... and the Committee after careful examination of their cases found that there were vacancies available during that period and also the applicants had not spent their force for more than 2 years. Hence, the committee recommended their cases for appointment on compassionate ground in the post of Grade-IV."
A perusal of the said decision would reveal the SLC in its meeting held on 03-10- 2019, had applied two different yardsticks while considering the claim of the petitioner, herein, and while considering the claim of the respondent No. 7.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfCBZrJTqXf2zfq9aiRaRARxOamyXsErPs3aR6pUStYxr&caseno=WP(C)/1790/2022&cCode=1&cino=GAHC010047722022&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
