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2019 DIGILAW 560 (GAU)

Mridula Choudhury v. State of Arunachal Pradesh

2019-05-07

NANI TAGIA

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JUDGMENT : NANI TAGIA, J. 1. None appears for the petitioner on call. However, Mr. S. Tapin, the learned Sr. Govt. Advocate appears for all the respondents. 2. This writ petition has been filed by the petitioner praying for a direction to be given to the respondent authorities for appointing the petitioner in any suitable vacancy in the Grade-IV post on regular basis on compassionate ground in the Department of Forest and Environment 3. The facts leading to filing of the present writ petition is as follows:-. 4. The husband of the petitioner Bijoy Krishna Choudhury @ Bijit Choudhury who was working as Dak Runner in the office of the Divisional Forest Officer, Khellong Forest Division, Govt, of Arunachal Pradesh went missing since 17.08.1998. Thereafter, the petitioner lodged an FIR before the Bhalukpung Police Station. The Police on receipt of the FIR from the petitioner made a thorough investigation but no information could be gathered as to whether the husband of the petitioner was dead or alive. Under such circumstances, the petitioner approached the authorities concerned for releasing the pensionary and other benefits as well as to appoint her on compassionate ground. As the petitioner did not receive any favorable consideration from the respondent authorities, the petitioner had to file a writ petition being W.P.(C) 4786/2006 before this Court which was disposed of by this Court vide order dated 28.10.2009. During the course of hearing of the aforesaid writ petition, it was found that provisional pension as well as provisional gratuity had been paid to the petitioner and accordingly, the aforesaid writ petition was disposed of with a direction to consider the case of the petitioner for appointment in a regular vacancy in the Grade-D post on compassionate ground along with the similarly situated persons, if any, subject to availability of vacancy in accordance with the existing scheme. 5. As the petitioner had not been appointed on a regular basis in a Grade-D post on compassionate ground in terms of the order dated 28.10.2009 passed in W.P.(C) 4786/2006, the present writ petition is again initiated by the writ petitioner praying for appointment on regular basis in a vacant post of Grade-IV. 6. 5. As the petitioner had not been appointed on a regular basis in a Grade-D post on compassionate ground in terms of the order dated 28.10.2009 passed in W.P.(C) 4786/2006, the present writ petition is again initiated by the writ petitioner praying for appointment on regular basis in a vacant post of Grade-IV. 6. The respondent authorities have contested the writ petition by filing affidavit-in-opposition, wherein, it has been stated by the respondent authorities that there is no vacant post of Gr-IV available in the Department and as per the reservation policy applicable in the State of Arunachal Pradesh, the similarly situated APST candidates are also required to be considered but due to want of vacant post they have also not been considered. It is the further case of the respondent authorities that appointment on compassionate ground in the Department is being made in the order of seniority that has been maintained in the Department and in terms of seniority list maintained, the name of the writ petitioner is at Serial No. 7 and therefore, the turn of the petitioner for such appointment have not yet reached. 7. Having heard the learned Sr. Govt. Advocate as well as on perusal of the materials on record, this writ petition is disposed of with a direction to the respondent authorities to consider the case of the writ petitioner for appointment in a Group-C post on compassionate basis along with the similarly situated persons, if any, as well as in accordance with the principles of seniority maintained in the Department for the purpose of compassionate appointment and also in accordance with the policy of the State Government for making compassionate appointment. 8. As the affidavit of the respondent authorities in the present writ petition was filed in the year 2012, the respondent authorities shall make the fresh consideration in respect of the petitioner along with the similarly situated persons for appointment in Group-C post on compassionate basis and the same shall be made by the respondent authorities within a period of 4 (four) weeks from the date of receipt of a certified copy of this order, if in the meantime, the writ petitioner had not been already given a regular appointment on compassionate basis. 9. The writ petition is disposed of in terms above.