Disposed

Amritangsu Nath Mazumder v. the State of Assam and 5 Ors.

Gauhati HC12 Feb 2018WP(C)/686/2018

Case brief

AI extract

What is this about?

Petitioner sought compassionate appointment for his father. Court held application was not placed before District Level Committee as required by precedent, disposing writ petition with direction to transmit applications for consideration. Decision made at motion stage.

What did the court decide?

Writ petition disposed of; direction to District Elementary Education Officer to transmit applications to Deputy Commissioner for placement before the next available DLC within seven days.

Amritangsu Nath Mazumder Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2018)

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GAHC010014862018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C) 686/2018

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1:AMRITANGSU NATH MAZUMDER S/O LT. AKHIL CH. NATH MAZUMDER VILL- PADMARPAR, P.O. KALIBARI BAZAR, P.S. ALGAPUR, DIST. HAILAKANDI, ASSAM.

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VERSUS

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1:THE STATE OF ASSAM AND 5 ORS

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TO BE REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI-6.

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2:THE STATE LEVEL COMMITTEE

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REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM

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EDUCATION (ELEMENTARY) DEPARTMENT

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DISPUR

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GUWAHATI-6.

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3:THE DIRECTOR OF ELEMENTARY EDUCATION DEPARTMENT OF ASSAM KAHILIPARA GUWAHATI-19.

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4:THE DISTRICT LEVEL COMMITTEE (DLC) HAILAKANDI 9 FOR COMPASSIONATE APPOINTMENT) REP. BY ITS CHAIRMAN/DEPUTY COMMISSIONER HAILAKANDI P.O. HAILAKANDI DIST. HAILAKANDI ASSAM.

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5:THE DISTRICT ELEMENTARY EDUCATION OFFICER HAILAKANDI

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P.O. AND DIST. HAILAKANDI ASSAM

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6:THE DEPUTY INSPECTOR OF SCHOOLS HAILAKANDI P.O. AND DIST. HAILAKANDI ASSA

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Advocate for the Petitioner : MR. A M BARBHUIYA

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Advocate for the Respondent : SC, ELEM. EDU

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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JUDGMENT

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Date : 12-02-2018

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Heard Mr. A.M. Borbhuiyan, learned counsel for the petitioner. Also heard Ms. R.D. Bhuyan, learned counsel for the respondent Nos. 2 and 4.

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The father of the petitioner who was working as an Assistant Teacher at Anuwarpar Moktab L.P. School Hailakandi died-in-harness on 09.03.2014. On his death, the petitioner submitted an application for compassionate appointment on 28.04.2014. He had appeared in the Higher Secondary Examination in the year 2014 and his results were declared on 28.05.2014. As the said application was not given its due consideration, the petitioner submitted another application on 23.10.2017. The subsequent application was also not given its due consideration.

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The law in this respect has been settled by this Court in Achyut Ranjan Das and Faziron Nessa’s case, wherein, it has been made incumbent upon the authorities to place the application for compassionate appointment before the DLC for its consideration.

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As the application of the petitioner for compassionate appointment was not placed before the concerned DLC, this writ petition stands disposed of as agreed by the parties with a direction to the District Elementary Education Officer, Hailakandi to transmit both the applications of the petitioner to the Deputy Commissioner, Hailakandi who in turn shall place the same before the next available DLC.

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The District Elementary Education Officer shall transmit the application within a period of seven days from the date of the receipt of the certified copy of the order and thereupon, the Deputy Commissioner shall place it before the next available DLC. As this order is passed at the motion stage itself, it is also provided that in the event, the said two application of the petitioner was earlier placed before the DLC, the result thereof be communicated to the petitioner and in such event, the requirement to place before the DLC would not be required.

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Writ petition is accordingly disposed of.

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Comparing Assistant

Amritangsu Nath Mazumder v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Amritangsu Nath Mazumder v. the State of Assam and 5 Ors.

Case brief

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What the court decided

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