Allowed

Sunmoni Pegu v. the State of Assam and 4 Ors.

Gauhati HC1 Mar 2019WP(C)/1407/2019

Case brief

AI extract

What is this about?

The petitioner sought a direction under Article 226 for compassionate appointment following her father's death in service. Directions were issued to the District Elementary Education Officer and Deputy Commissioner to consider and forward the case to the relevant selection committees within the statutory framework.

What did the court decide?

Directed District Elementary Education Officer, Lakhimpur to forward application to Deputy Commissioner for consideration by District Level Committee and State Level Committee.

Sunmoni Pegu Vs the State of Assam and 4 Ors. — Writ and Judicial Review | Gauhati HC (2019)

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Page No.# 1/2

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GAHC010041222019

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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) 1407/2019

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1:SUNMONI PEGU D/O- LATE RADHIKA PEGU, R/O- VILL- JENGRAI SINGIMARI, P.OACHERAKATA BALIJAN, DIST- LAKHIMPUR, ASSAM, PIN- 787052

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VERSUS

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1:THE STATE OF ASSAM AND 4 ORS REP. BY THE CHIEF SECRETARY CUM CHAIRMAN, STATE LEVEL SELECTION COMMITTEE, GOVT OF ASSAM, DISPUR, GUWAHATI- 06 2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM ELEMENTARY EDUCATION DEPTT DISPUR GUWAHATI- 06 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI- 19 4:THE DEPUTY COMMISSIONER LAKHIMPUR CUM THE CHAIRMAN DISTRICT LEVEL SELECTION COMMITTEE LAKHIMPUR ASSAM PIN- 787001 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER LAKHIMPUR ASSAM PIN- 78700

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Advocate for the Petitioner : MR S K SARKAR

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Advocate for the Respondent : GA, ASSAM

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Page No.# 2/2

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BEFORE HONOURABLE MR. JUSTICE UJJAL BHUYAN

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ORDER

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Date : 01-03-2019

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Heard Mr. S.K. Sarkar, learned counsel for the petitioner; Mr. A. Sharma, learned Standing Counsel, Elementary Education Department and Mr. K. Nayak, learned Govt. Advocate, Assam.

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By filing this petition under Article 226 of the Constitution of India, petitioner seeks a direction to the respondents to consider her case for appointment on compassionate ground.

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Case of the petitioner is that she had passed Higher Secondary Examination in the year 2011 and thus is eligible for appointment in grade-IV post in the State of Assam. Petitioner also belongs to Scheduled Tribe community.

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Petitioner’s father Radhika Pegu was an Assistant Teacher in the Jengrai Singimari ME School in the district of Lakhimpur. He died-in-harness on 15.01.2015.

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After the death of her father, petitioner submitted application along with relevant documents before the District Elementary Education Officer, Lakhimpur on 23.03.2015 for appointment on compassionate ground. Grievance of the petitioner is that since then, her case has not been placed before the District Level Committee, Lakhimpur.

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Having regard to the grievance expressed by the petitioner, District Elementary Education Officer, Lakhimpur is directed to forward the application of the petitioner to the Deputy Commissioner, Lakhimpur who in turn shall place the same in the next meeting of the District Level Committee. Recommendation of the District Level Committee shall thereafter be forwarded to the State Level Committee for doing the needful. If the District Elementary Education Officer feels that fresh application is required to be filed, the same shall be intimated to the petitioner who shall thereafter file the same within 30 days from the date of such intimation.

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Writ petition is disposed of.

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JUDGE

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Comparing Assistant

Sunmoni Pegu v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Sunmoni Pegu v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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