Gauhati High Court: Achintya Malla Bujor Barua J., while allowing the present petition for regularization, placed reliance upon the judgment dated 13-03-2019 in WP (C) 7779 of 2018, by the present Court, which provided that “any appointment made under the die-in-harness scheme under compassionate ground is to be made on regular basis.”
The petitioner was appointed as a Work Charge (Tracer) on compassionate ground, subject to fulfilment of certain conditions laid down in the office memorandum dated 09-09-1983. It is stated and admitted that the petitioner fulfilled all the conditions as laid down in office memorandum mentioned hereinabove. The petitioner further states that although she was appointed on compassionate ground, her appointment had not been regularized. Furthermore, the Deputy Secretary, PWRD vide the communication dated 30-03-2019, informed that the Finance Department had rejected the claim of the petitioner for regularization. Being aggrieved by the said decision, the petitioner has approached the Court through the present petition.
Whether the present petition for regularization maintainable?
While allowing the present petition, the Court said, “the claim for compassionate appointment can either be rejected or accepted as per law, but once it is accepted the appointment is understood to be regular appointment.” The Court further placed reliance on the judgment of the present Court in an earlier matter and also issued necessary directions to the PWRD and Finance Department.[Ashmia Dhar v. State of Assam, 2020 SCC OnLine Gau 4150, decided on 19-10-2020]
Advocate for the petitioner: B. D. Das, Advocate
Advocate for the respondent: P. Nayak, Finance Department, SC PWD
Sakshi Shukla, Editorial Assistant has put this story together