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2025 DAILYLAW 17023 (GAU)

ATAUR RAHMAN LASKAR v. THE STATE OF ASSAM AND ORS

WP(C)/4663/2025 · 2025-08-17

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/2 GAHC010170972025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4663/2025 ATAUR RAHMAN LASKAR S/O LT ISMAIL ALI LASKAR R/O VILL DAKSHIN SONAPUR PART 1 PO MATIJURI PS HAILAKANDI DIST HAILAKANDI ASSAM PIN 788155 VERSUS THE STATE OF ASSAM AND ORS REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM IRRIGATION DEPTT DISPUR GUWAHATI 6 2:THE CHIEF ENGINEER IRRIGATION DEPTT CHANDMARI GUWAHATI 3 3:THE EXECUTIVE ENGINEER HAILAKANDI DIVISION IRRIGATION DEPTT HAILAKANDI ASSAM 4:THE DISTRICT COMMISSIONER HAILAKANDI CUM THE CHAIRMAN DIST LEVEL COMMITTEE HAILAKANDI ASSAM 5:THE COMMISSIONER AND SECRTARY TO THE GOVT OF ASSAM PERSONNEL DEPTT DISPUR GUWAHATI 6 6:THE DEPUTY SECRETARY TO THE GOVT OF ASSAM PERSONNEL B DEPTT DISPUR GUWAHATI Advocate for the Petitioner : MS. S B CHOUDHURY, Advocate for the Respondent : SC, IRRIGATION, GA, ASSAM Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 18.08.2025 Heard Mr. S.B. Choudhury, learned counsel for the petitioner. Also heard Mr. T.C Chutia, learned Addl. Sr. Government Advocate and Ms. D.S. Neog, learned Standing Counsel, Irrigation Department. As has been pointed out by Mr. T.C Chutia, learned Addl. Sr. Government Advocate, the learned counsel for the petitioner submits that the age of the petitioner’s deceased father is reflected in the death certificate, who was not noticed at the time of filing the writ petition. The age reflected in the death certificate which is annexed at Annexure-8, Page-20 is shown to be 62 years. Therefore Mr. Chutia submits that there can be no claim for compassionate appointment as the superannuation of the deceased father of the petitioner was at the age of 60 and he subsequently after superannuation expired at the age of 62 as is reflected in the death certificate. Therefore, no claim for compassionate appointment can be entertained as the petitioner’s late father did not die in harness. On the submission made by the learned counsel for the petitioner, the writ petition stands on withdrawal. JUDGE Comparing Assistant