Gauhati High Court
Namita Dutta Jaradhara vs The State Of Assam And 6 Ors on 20 January, 2021
Equivalent citations: AIRONLINE 2021 GAU 5
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/3
GAHC010193742018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6041/2018
NAMITA DUTTA JARADHARA
W/O- LATE SUBHAN JARADHARA (EX ASI OF ASSAM POLICE- ARMED
BRANCH) VILL- BHARALUA TINIALI, P.O- GAURISAGAR, DIST- SIVSAGAR,
ASSAM, PIN- 785664
VERSUS
THE STATE OF ASSAM AND 6 ORS.
REP. BY THE CHIEF SECRETARY, GOVT OF ASSAM CUM CHAIRMAN, SLC,
DISPUR, GUWAHATI- 6
2:THE STATE LEVEL COMMITTEE (COMPASSIONATE APPOINTEMENT)
REP. BY THE CHAIRMAN
3:THE COMMISSIONER AND SECRETARY
DEPTT OF HOME
GOVT OF ASSAM
DISPUR
GUWAHATI- 6
4:THE DIRECTOR GENERAL OF POLICE
ASSAM
ASSAM POLICE HQ
ULUBARI
GHY- 07
5:THE DEPUTY COMMISSIONER
SIVASAGAR
6:THE SUPERINTENDENT OF POLICE
SIVASAGAR
Page No.# 2/3
7:THE CHAIRMAN
DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT
SIVASAGA
Advocate for the Petitioner : MR R CHAKRAVORTY
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 20-01-2021 Heard Mr. R. Chakravorty, learned counsel for the petitioner. Also heard Mr. D. Nath, learned Govt. Advocate.
The facts of the case in brief is that pursuant to the death of the petitioner's husband on 19.08.2012, who was working as Assistant Sub Inspector in the Assam Police, the writ petitioner applied for compassionate appointment on 31.08.2012. The writ petitioner thereafter applied for compassionate appointment again, vide application dated 19.12.2014, in respect of a Grade-III post, as the petitioner had completed the Bachelor Preparatory Program (BPP) Course on 18.12.2014 from K. K. Handique State Open University.
The case of the petitioner was recommended by the DLC for appointment to the post of Junior Assistant on 27.04.2015 and the SLC also recommended the petitioner for compassionate appointment to the vacant post of Junior Assistant on 05.09.2017.
Subsequent to the above, the State respondents informed the petitioner that she could not be appointed to the post of Junior Assistant, in as much as, the BPP Course completed by the petitioner was not equivalent to the higher secondary school examination course, which was the educational eligibility criteria required for appointment to the said post. Thus, the petitioner was ineligible to be appointed to the post of Judicial Assistant. The petitioner has accordingly filed the present petition challenging the communication informing her that she could not be appointed to the post of Junior Assistant.
At this stage, Mr. D. Nath, learned counsel for the respondents submits that as per the Page No.# 3/3 para wise comments received by him, the petitioner was asked for her willingness to be considered for a Grade-IV post and as the petitioner has given her willingness, vide application dated 05.11.2015, for consideration for compassionate appointment to a Grade-IV post, the petitioner's application would be forwarded by the Superintendent of Police, Sivsagar to the DLC for its consideration.
Mr. D. Nath submits that in view of the above facts the writ petition can be disposed of, if a direction is issued to the DLC, Sivasagar to consider the case of the petitioner for appointment to a Grade-IV post in its next meeting.
Mr. R. Chakravorty, learned counsel for the petitioner submits that he has got no objection to the case being disposed of with a direction issued to the Superintendent of Police, Sivasagar to send the petitioner's application for compassionate appointment against a Grade-IV post to the concerned DLC, for it's consideration.
In view of the above submissions, this writ petition is disposed of with a direction to the respondent no.6, to forward the petitioner's application to the DLC for considering her for compassionate appointment to a Grade-IV post. The respondent no. 5 shall accordingly place the same for consideration before the DLC concerned in its next meeting.
The writ petition is accordingly disposed of.
JUDGE Comparing Assistant