Disposed

Rajdeep Bharali v. the State of Assam and 4 Ors.

Gauhati HC1 Aug 2019WP(C)/4889/2017

Case brief

AI extract

What is this about?

Petitioner sought appointment under the die-in-harness scheme upon his father's death in service. The court directed authorities to place the claim before concerned committees without rejecting it solely for delay and communicated to issue a speaking order.

What did the court decide?

Directed authorities to place claim before concerned committees for consideration and communicate decision via speaking order.

Rajdeep Bharali Vs the State of Assam and 4… — Pension and Retirement Benefits | Gauhati HC (2019)

¶1

Page No.# 1/2

¶2

GAHC010034802017

¶3

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

¶4

Case No. : WP(C) 4889/2017

¶5

1:RAJDEEP BHARALI

¶6

S/OLT. BHUBAN CHANDRA BHARALI R/O WARD NO. 14, BIJOY NAGAR, P.O. KHELMATI P.S.NORTH LAKHIMPUR DIST. LAKHIMPUR, ASSAM

¶7

VERSUS

¶8

1:THE STATE OF ASSAM and 4 ORS.

¶9

REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF EDUCAITON ELEMENTARY DISPUR, GUWAHATI-6.

¶10

2:DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19

¶11

3:DISTRICT LEVEL COMMITTEE

¶12

FOR THE COMPASSIONATE APPOINTMENT REP. BY ITS BEING CHAIRMAN DEPUTY COMMISSIONER OF LAKHIMPUR NORTH LAKHIMPUR ASSAM

¶13

4:DISTRICT ELEMENTARY EDUCATION OFFICER OF LAKHIMPUR NORTH LAKHIMPUR ASSAM

¶14

5:NORTH ELEMENTARY EDUCATION OFFICER NOWBOICHA LAKHIMPU

¶15

Advocate for the Petitioner : MR.T DOLEY

¶16

Page No.# 2/2

¶17

Advocate for the Respondent : GA, ASSAM

¶18

B E F O R E

¶19

HON’BLE MR. JUSTICE N. KOTISWAR SINGH

¶20

01-08-2019

¶21

Heard the learned counsel for the petitioner. Also heard the learned counsel appearing for the State respondents.

¶22

The matter pertains to appointment under the die-in-harness scheme. It is the case of the petitioner that upon the death of his father, who was serving as an Assistant Teacher in Jaliram Borah Primary School under Block Elementary Education Officer, Nowboicha, North Lakhimpur, Assam, died in harness while in service on 24.05.2014, he submitted an application for his appointment under the die-in-harness scheme on 13.06.2014 before the District Elementary Education Officer, the competent authority. However, till date no decision has been taken by the authorities to consider the case of the petitioner.

¶23

It goes without saying that if an application for appointment under the die-in-harness scheme is made, the authorities are duty bound to consider the same either by appointing or declining the same, in accordance with law.

¶24

In the present case since no further action has been taken, the authorities are directed to place the claim of the petitioner before the concerned District Level Committee for consideration, if not already placed. In the event the DLC favourably considers the case of the petitioner, the same may be placed before the State Level Committee and necessary consequential actions be taken, and the decision thereof be communicated to the petitioner by issuing a speaking order, if the application of the petitioner has not already been considered. The case of the petitioner shall not, however, be rejected by the DLC or the SLC only on the ground of delay as it was the duty of the authorities to have considered the application of the petitioner at the earliest, which it seems was not done.

¶25

The petition stands disposed of.

¶26

JUDGE

¶27

Comparing Assistant

Rajdeep Bharali v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Rajdeep Bharali 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

Parties & counsel

Coram

Case details

Similar cases

Jatindra Chandra Roy Vs the State of Assam and 5 Ors.

Nurul Islam Bhuyan Vs Pritam Saikia

M/S. Hind Steel Industry Vs the Union of India

Binapani Ray Vs the State of Assam and 4 Ors.

Samin Akhtar Barbhuiya Vs the State of Assam and 4 Ors.

Shyamal Kumar Goswami Vs the State of Assam and 3 Ors.