Disposed

Afsar Hussain Laskar v. the State of Assam and 3 Ors.

Gauhati HC17 Feb 2020WP(C)/594/2018

Case brief

AI extract

What is this about?

The Gauhati High Court issued an interim order directing the District Level Committee to reconsider the petitioner's application for compassionate appointment after being shown an internal letter indicating the application was timely submitted.

What did the court decide?

Directing the Deputy Commissioner of Cachar to reconsider the petitioner's case for compassionate appointment at the next DLC meeting.

Afsar Hussain Laskar Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2020)

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Page No.# 1/3

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GAHC010017502018

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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) 594/2018

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1:AFSAR HUSSAIN LASKAR S/O LT. ABDUL HAQUE LASKAR R/O VILL- BANSKANDI PART-II, P.O. BANSKANDI P.S. LAKHIPUR DIST. CACHAR, ASSAM,

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VERSUS

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1:THE STATE OF ASSAM AND 3 ORS

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TO BE REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, JURIAPAR, PANJABARI, GUWAHATI -37.

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2:THE DEPUTY COMMISSIONER CUM CHAIRMAN OF THE DISTRICT LEVEL COMMITTEE (DLC) CACHAR ASSAM.

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3:THE ADDL. DEPUTY COMMISSIONER SILCHAR DIST. CACHAR ASSAM

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4:THE CHIEF EXECUTIVE OFFICER (CEO) CACHAR ZILLA PARISHAD

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DIST. CACHAR SILCHAR ASSA

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Advocate for the Petitioner : MR. M H LASKAR

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Page No.# 2/3

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR JUSTICE SONGKHUPCHUNG SERTO

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ORDER

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Date : 17-02-2020

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Heard Mr. M.H. Laskar, learned counsel for the petitioner and also heard Ms. M.D. Bora, learned Government Advocate appearing for the respondents No. 1, 2 & 3.

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This is a writ petition challenging the resolution dated 27.10.2017 of the DLC Meeting of Cachar district which was constituted for considering the applications of members of families of deceased Government servants who died in harness, for appointment to Government services on compassionate ground.

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The petitioner’s father late Abdul Haque Laskar who was an LDA in the office of Lakhipur Anchalik Panchayat, Cachar passed away on 10.01.2010 while in harness and soon thereafter, he submitted an application on 27.02.2010 to the concerned authority requesting for appointment on compassionate ground. The DLC in the Meeting dated 27.10.2017 rejected the application of the petitioner on the ground that his application was submitted after the expiry of the prescribed period.

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Ms. M.D Bora, learned Government Advocate in the course of hearing today drew the attention of this Court to the contents of the letter dated 27.10.2017, written by the Chief Executive Officer, Cachar Zila Parishad-cum-Addl. Deputy Commissioner addressed to the Addl. Deputy Commissioner, Cachar wherein it is stated that the petitioner had submitted his application in time. In view of this content of the letter, it can be concluded that the petitioner had submitted his application well in time. Therefore, the DLC headed by the Deputy Commissioner, Cachar is directed to re-consider the case of the petitioner in the next DLC.

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The petitioner shall submit a certified copy of this order before the Deputy Commissioner, Cachar as soon as possible so that his name may be reconsidered in the next DLC.

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Page No.# 3/3

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Writ petition stands disposed.

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JUDGE

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Comparing Assistant

Afsar Hussain Laskar v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Afsar Hussain Laskar v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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