Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/399/2024 TAPA DEB TARAFDAR W/O- LATE SANTANU DAS TARAFDAR, R/O- RANGABAK, PART-I, KATLICHERRA, DIST.- HAILAKANDI, ASSAM, PIN- 788161. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, PUBLIC WORKS DEPARTMENT, ASSAM (CIVIL) SECRETARIAT, DISPUR, GUWAHATI- 788006. 2:THE CHIEF SECRETARY TO THE GOVT. OF ASSAM CUM CHAIRMAN STATE LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT
ASSAM CIVIL SECRETARIAT
DISPUR GUWAHATI ASSAM
PIN- 781006. 3:THE CHIEF ENGINEER PUBLLIC WORKS DEPARTMENT (RURAL ROAD DIVISION) CHANDMARI GUWAHATI ASSAM
PIN- 781003. 4:THE DEPUTY COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL
Page No.# 2/3 COMMITTEE (DLC) HAILAKANDI ASSAM. 5:THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT HAILAKANDI RURAL ROAD DIVISION
HAILAKANDI DIST. HAILAKANDI, ASSAM For the appellant : Mr. J.P. Baruah, Advocate For the respondents : Ms. R.B. Bora, Jr. Govt. Advocate, Assam for respondent Nos.2 & 4 – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE SUMAN SHYAM 07-02-2025 (Vijay Bishnoi, C.J.) This writ appeal is filed by the appellant being aggrieved with the order dated 30.09.2024 passed by the learned Single Judge in WP(C) 1388/2024. 2. The appellant has approached the Writ Court essentially with the grievance that the respondents failed to provide her appointment on compassionate ground in government service after demise of her husband, who was working as Chowkidar/Grade-IV under the Public Works Department Rural Road Division, Hailakandi. 3. The learned Single Judge has taken into consideration the fact that though the petitioner (appellant herein) immediately after the death of her husband moved an application seeking compassionate appointment in the year 2014, the State Level Committee rejected the said application only in December, 2018. Page No.# 3/3 The learned Single Judge has deprecated the practice of keeping the applications seeking compassionate appointment pending for long time. However, the learned Single Judge has taken note of the fact that the petitioner approached the Court after six years of rejection of her application.
The learned Single Judge while relying on the decision of the Hon’ble Supreme Court rendered in the case of State of West Bengal vs. Debabrata Tiwari & ors., reported in 2023 2 Supreme 612 has come to the conclusion that since considerable time has elapsed after the death of the husband of the petitioner/appellant, the relief for appointment on compassionate ground cannot be granted to the petitioner/appellant. 4. Having heard the learned counsel for the appellant and after going through the material available on record, we do not find any case for interference with the impugned order passed by the learned Single Judge in WP(C) 1388/2024. Hence, this writ appeal is dismissed. JUDGE CHIEF JUSTICE
Comparing Assistant