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2025 DAILYLAW 7574 (GAU)

SMTI PINKI MONI BORAH v. THE STATE OF ASSAM AND 6 ORS

WP(C)/901/2023 · 2025-06-10

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010031002023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/901/2023 SMTI PINKI MONI BORAH D/O LATE DILIP BORA, R/O DAGAON, P.O.-DHEKORGORAH, DIST-JORHAT, ASSAM, PIN-785702 VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC WORKS (ROADS) DEPARTMENT, DISPUR, GUWAHATI-781006, ASSAM 2:DEPUTY SECRETARY TO THE GOVERNMENT OF ASSAM PUBLIC WORKS (ROADS) DEPARTMENT DISPUR GUWAHATI-781006 ASSAM 3:CHIEF ENGINER PWD (ROADS) CHANDMARI GUWAHATI-781003 ASSAM 4:ADDITIONAL CHIEF ENGINEER (PLANNING) PWD (ROADS) ASSAM CHANDMARI GUWAHATI-781003 5:THE DISTRICT LEVEL COMMITTEE FOR SELECTION OF CANDIDATE ON COMPASSIONATE GROUND REPRESENTED BY ITS CHAIRMAN-CUM-DEPUTY COMMISSIONER Page No.# 2/4 JORHAT P.O.-JORHAT DIST- JORHAT ASSAM PIN-785001 6:SUPERINTENDING ENGINEER PWD JORHAT NEC DIVISION JORHAT P.O.-JORHAT DIST-JORHAT ASSAM PIN-785001 7:EXECUTIVE ENGINNER PWRD JORHAT NEC DIVISION JORHAT P.O.-JORHAT DIST-JORHAT ASSAM PIN-78500 Advocate for the Petitioner : MR. M DUTTA, MR. A LAHKAR Advocate for the Respondent : SC, PWD, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 11.06.2025 Heard Mr. M. Dutta, learned counsel for the petitioner. Also heard Mr. R. Dhar, learned Standing Counsel, PWD. The petitioner’s father was employed as a Blue Printer in the Office of the Executive Engineer, PWRD, Jorhat, NEC Division and he died in harness on 11.11.1994 leaving behind the petitioner and his wife. At the time of his death, the petitioner was 3 years old. Immediately upon completion of 18 Page No.# 3/4 years of age, the petitioner filed an application before the respondent No. 7. The said application was forwarded to the District Level Committee (DLC). The DLC in its meeting held on 19.09.2013 recommended the case of the petitioner forwarding it to the Government for consideration. Although certain documents were called for required to be furnished. However, upon fulfilling all the queries, the matter remained pending before the appropriate level in the Government and the case of the petitioner’s candidature for appointment on compassionate ground was not considered. The petitioner thereafter submitted a representation dated 28.11.2022 to the respondent No. 1 for re-consideration but the same remain unattended. Being aggrieved, the petitioner has approached this court seeking a direction to the respondent authorities that the case of the petitioner be considered by the State Level Committee. Pursuant to notice being issued, Mr. Dhar, learned Standing Counsel, PWD was directed to complete his instructions. Today when the matter is called up, Mr. R Dhar has placed before the Court a copy of the minutes dated 23.12.2019 which was held by the State Level Committee meeting for appointment on compassionate ground. Amongst the candidates considered for compassionate appointment to the post of Grade-IV, name of the petitioner was also considered but the same was rejected on the following two grounds: “1 Applicant does not possess required educational qualification for Gr-III post. 2. Applicant’s application for pending for recommendation for more than 2 years. Therefore, application spent its force.” Page No.# 4/4 The prayer in the writ petition is limited to a direction to be issued to the respondents to consider the case of the petitioner more particularly to have the matter placed before the State Level committee so that appropriate order may be passed. Since a copy of the minutes dated 23.12.2019 has been placed before the Court which reflects that State Level Committee had considered the cases of the applicants for compassionate appointment, including that of the writ petitioner, no further lis is alive in the present proceedings. Accordingly, the writ petition can be closed as the State Level Committee had considered the case of the petitioner and had rejected her case on the grounds mentioned therein. The writ petition accordingly stands closed and disposed of. The petitioner however is given liberty to assail the order of the SLC if so advised. Copy of the minutes dated 23.12.2019 is kept as a part of the case record. JUDGE Comparing Assistant