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2023 Supreme(Gau) 389

DEVASHIS BARUAH
Bhaskar Konwar, S/o. Late Gobin Konwar – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secy. To The Govt. Of Assam – Respondent


Advocates Appeared:
For the Petitioners: Mr. M. Khan, Mr. J. I. Borbhuiya, Mr. F. U. Barbhuiya, Mr. M. Hussain, Mr. D. Boruah, Mr. M. Khan, Mr. A. K. Dutta, Mr. D. P. Chaliha, Mr. A. M. Barbhuiya, Mr. B. K. Gogoi, Mr. F. A. Laskar, Mr. A. U. Ahmed, Mr. I. H. Saikia, Mr. K. R. Patgiri, Mr. S. K. Talukdar and Mr. N. Borah.
For the Respondents: Mr. D. Nath.

JUDGMENT :

1. Heard the learned counsels appearing on behalf of the petitioners and Mr. D. Nath, the learned Senior Government Advocate appearing on behalf of all the respondents.

2. The present batch of writ petitions have been filed by the various petitioners who are dependents of Government officials who have died in harness, having less than 3 years balance in their service carriers, thereby assailing the Office Memorandum dated 01.06.2015, only to a limited extent, whereby, the dependants of Government officials who have died in harness having less than 3 years of service in balance is being deprived of the benefit of the said Office Memorandum. In the present batch of the writ petitions, the candidature of the petitioners have been rejected either by the District Level Committee or by the State Level Committee for compassionate appointment in view of the Clause-1 of the said Office Memorandum dated 01.06.2015, the details of which are mentioned specifically in the latter part of the present judgment.

3. It is the case of the petitioners herein that there is no rationale of depriving the family members of those Government Officers who die in harness, having less than minimum of

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