✦ Gauhati High Court

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM AND 5 ORS

LANUSUNGKUM JAMIR2 min read

Case at a glance

Outcome

Disposed of

“ Accordingly, this writ petition is disposed of providing that

Judgment

Operative part

Advocate for the Petitioner : MR. N H MAZARBHUIYAN Advocate for the Respondent : SC, DIMA HASAO B E F O R E HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR 30-11-2022 Heard Mr. N.H. Barbhuiya, learned counsel for the petitioner. Also heard Mr. A. Chakraborty, learned Government Advocate, Assam appearing for Respondents No.1, 2, 3 and 5; and Mr. C. Sarma, learned counsel, appearing on behalf of Mr. R.M. Das, learned Standing Counsel appearing for Respondents No.4 and 6. The father of the petitioner while serving as Assistant Employment Officer in the District Employment Exchange, Dima Hasao, Haflong, died in harness on 8.4.2007. The petitioner, thereafter, made an application for appointment on compassionate ground on 23.5.2007. As the case of the petitioner was not placed before the District Level Committee despite passage of time, the petitioner approached this Court by way of filing W.P. (C) No.316 of 2011, which was disposed of by order dated 24.01.2011, with the following directions:-

Accordingly, this writ petition is disposed of providing that the respondents may examine the case of the petitioner in terms of the guidelines formulated in Achyut Ranjan Das (supra) and Faziron Nessa (supra). Needless to say that the petitioner cannot claim consideration of his case against any particular post or service and the consideration will be strictly as per the parameters and yardsticks laid down in the Page No.# 3/3 guidelines. Writ petition is disposed of.

The said order dated 24.01.2011 was furnished to the Government authorities by the petitioner on 10.2.2011. However, after making all attempts, as the respondents are yet to place the case of the petitioner before the concerned DLC, the petitioner is before this court by way of the present writ petition. After hearing the learned counsel for the parties, this writ petition is disposed of directing the concerned authorities to place the case of the petitioner before the concerned DLC in its next immediate sitting. Thereafter, the DLC shall consider the case of the petitioner in accordance with law. Further, if the DLC has already considered the case of the petitioner, the outcome of such consideration be intimated to the petitioner within a period of two weeks from the date of receipt of a copy of this order. JUDGE Comparing Assistant

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