Amardeep Barman v. The State of Assam and 4 Ors

ORDER Date : 16-08-2023 Heard Mr. H.K. Mahanta, learned counsel for the petitioner as well as Mr. D. Borah, learned Govt. Advocate appearing for the respondent nos.1 and 5 and Ms. S. Sharma, learned standing counsel for the Health Department appearing for the respondent nos.2, 3 and 4.

¶2By filing this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for a direction upon the DLC on compassionate ground to consider the case of the petitioner on the basis of the recommendation made by the respondent no.4, who is the Joint Director of Health Services, Nalbari.

¶3The case of the petitioner is that his father died-in-harness on

01.08.2005 and there is no source of income for the family. The application for compassionate appointment made by the petitioner was forwarded to the Page No.# 3/4 Directorate of Health Services, Assam by the respondent no.4 vide forwarding letter dated 21.09.2005. After 6 years, vide forwarding letter dated 07.06.2011, the Deputy Commissioner, Nalbari sent the name of 24 candidates for appointment on compassionate ground where the name of the petitioner appeared at Sl. No.19, but the DLC for appointment on compassionate ground, Nalbari did not take any action regarding the petitioner. The Joint Director of Health Services, Nalbari by another letter dated 10.04.2012, sent another list to the Director of Health Services where the name of the petitioner appeared for consideration. Therefore as the candidature of the petitioner was not considered by the DLC, the petitioner has approached this Court.

¶4It is noted that the father of the petitioner had died on 01.08.2005 and the application for appointment on compassionate ground has not been considered till date. After 18 years from the date of death of the father of the petitioner it is just not possible that a vacancy which had arisen during the year 2005-2006 would still be available for being filled up on compassionate ground.

¶5Although the petitioner is not responsible for delay, as his case was not placed before the DLC, but the inordinate delay in approaching the Court has disentitled the petitioner to any relief. The maxim of vigilantibus non dormientibus jura subveniunt, meaning thereby that the law will assist those who were vigilant with their rights and not those who sleep there upon .would squarely apply in this case. Under such circumstances, the Court is not inclined to entertain this writ petition on the ground of inordinate delay and laches, and the same is dismissed at the motion stage without issuance of notice on the respondents. Page No.# 4/4

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010174662023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4639/2023o AMARDEEPoBARMANo S/O-oLATEoPRAMODoCHANDRAoBARMAN,o R/O-oVILLAGEoPANIGAON,o P.O.-oPANIGAON,o P.S.-oBELSOR,oPIN-o781303,o DISTRICT-oNALBARI,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM-o CUM-oCHAIRMANoOFoTHEoSTATEoLEVELoCOMMITTEEoFORoAPPOINTMENTo ONoCOMPASSIONATEoGROUND,o DISPUR,oGUWAHATI-o781006. 2:THEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDEPARTMENToOFoHEALTHoANDoFAMILYoWELFARE oDISPUR oGUWAHATI-o781006. 3:THEoDIRECTORoOFoHEALTHoSERVICES oGOVT.oOFoASSAM oHENGRABARI oGUWAHATI-o781036. 4:THEoJOINToDIRECTORoOFoHEALTHoSERVICES oGOVT.oOFoASSAM oNALBARI oDIST.-oNALBARI-o781335 o ASSAM. Page No.# 2/4 5:THE DEPUTY COMMISSIONER/ DISTRICT COMMISSIONER NALBARI-CUM-CHAIRMAN OF DISTRICT LEVEL COMMITTEE PERTAINING TO COMPASSIONATE APPOINTMENT NALBARI ASSAM PIN- 781335 Advocate for the Petitioner : MR H K MAHANTA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA