- (1.) This order shall finally dispose of WP(C) No. 3355/2007, WHO No. 5095/2007 and WHO No. 5096/2007.
(2.) It appears that the matters have been placed before us because the learned Single Judge in his order dated 29.6.2007 passed in WHO No. 3355/2007 observed that the Petitioner was claiming the relief in view of the order dated 12.3.2007 passed by the High Court in WHO Nos. 6403 of 2006 and 6405 of 2006. The learned Judge observed that the order dated 12.3.2007 passed in WHO Nos. 6403 and 6405 of 2006 were required to be reviewed in view of the order dated 18.6.2007 passed by the High Court in WHO No. 5061 of 2006 reviewing its earlier order dated 13.11.2006.
(3.) Before coming to the controversy it is to be noted that Assam Public Services (Appointment of family members of persons killed by extremists/terrorists) Rules, 1992 was promulgated under Notification No. ABP.181/91/65 dated 8.4.1992 observing that in exercise of powers conferred by the proviso to Article 309 of the Constitution of India, the Government of Assam was pleased to make the said rules regulating the appointment in public services under the Government of Assam of the next of kin of persons who had been killed in violent activities in the hands of the extremists since 1.1.1985. From a perusal of the said preamble of the rules, it would clearly appear that the said rules were brought into force with a laudable object that the kin and kith of the persons who died in the violent activities or in the hands of the extremists do not suffer unnecessarily. Rule 3 provided that the Rules shall apply to all the services and posts under the Government of Assam, recruitment to which is made through the Commission or otherwise than through the Commission. Rule 4 provided that subject to the provisions of the Rules whenever any recruitment to services and posts referred to in Rule 3 was made, only one affected candidate from one family who applied and was eligible (emphasis supplied) under the normal rules should be given appointment to a Government job, or job under State Government Undertaking/Board. It is also to be noted that on 29.7.1995 in partial modification of the Office Memorandum No. RR.82/90/6 dated 25.4.1991 relating to the sanction of ex gratia to the next of kin killed in extremists/ terrorists violence, the Government of Assam was pleased to formulate a policy with immediate effect to grant ex gratia of Rs. 1,00,000 to the next of kin of persons killed. However, it is to be noted that the Office Memorandum dated 29.7.1995 is not a part of the Rules. The Office Memorandum was independent of the Rules and was to govern the cases where somebody had died in the extremists activities/terrorists violence.;