Disposed

Md. Ali Hussain v. the State of Assam and 3 Ors.

Gauhati HC1 Dec 2020WP(C)/6371/2017

Case brief

AI extract

What is this about?

Petitioner sought compassionate appointment for his deceased father's post. Court directed authorities to file the application with the Deputy Commissioner or provide the order if already done, then disposed of the writ. No substantive appointment order made.

What did the court decide?

Direction to place compassionate appointment application before Deputy Commissioner or furnish order.

Md. Ali Hussain Vs the State of Assam and 3 Ors. — Service and Employment | Gauhati HC (2020)

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Page No.# 1/3

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GAHC010045242017

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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)/6371/2017

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MD. ALI HUSSAIN

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S/O. LT. ASER ALI SHEIKH @ ASER ALI, R/O. VILL.- JOGIR MAHAL PART-1, P.O. BARKANDA, P.S. BILASIPARA, DIST. DHUBRI, ASSAM.

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VERSUS

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THE STATE OF ASSAM and 3 ORS. REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM, EDUCATION DEPTT., DISPUR, GUWAHATI-6.

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2:THE DIRECTOR OF SECONDARY EDUCATION

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3:THE INSPECTOR OF SCHOOLS DDC DHUBRI

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4:THE DEPUTY COMMISSIONE

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Advocate for the Petitioner : MR.A A MONDAL

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Advocate for the Respondent :

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 01-12-2020

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Heard Mr. B. Islam, learned counsel for the petitioner. Also heard Mr. SMT Chestie, learned counsel for the Secondary Education Department and Mr. S.R. Baruah, learned counsel for the Deputy Commissioner, Dhubri.

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The father of the petitioner who served as a Chowkidar in the Jogirmahal High School died in harness on 25.08.2015. On his death, the petitioner submitted an application for compassionate appointment on 16.08.2016. Apparently, the application was filed within the time prescribed for the purpose. This writ petition is instituted with the following prayers:

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“Under the above facts and circumstances, it is therefore humbly prayed that your Lordship would be pleased to admit this application, call for a the records, issue Rule calling upon the respondents to show cause as to why a writ of Mandamus or any other appropriate writ or order or direction should not be issued directing the respondents to appoint the petitioner on compassionate ground on 5% quota and perusal of records and reply to show cause if any after hearing both the parties would be pleased to the Rule absolute by directing the respondents to appoint the petitioner on compassionate ground as grade-iii or iv post under the respondents.

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A N D -

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Pass such other order/orders/direction/directions as to your Lordships may deem fit and proper.”

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A reading of the prayer gives an indication that perhaps the application of the petitioner for compassionate appointment was not placed before the DLC concerned. Mr. SMT Chestie learned counsel for the Secondary Education Department on the other hand states that there is a possibility that it may have been placed.

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Considering the aspect that this writ petition is of the year 2017, we do not want to keep it

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Page No.# 3/3

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further pending for the possibility of any such definite information. In the consequence, we direct the authorities in the Secondary Education Department to place the application of the petitioner for compassionate appointment dated 16.06.2016 before the next available DLC of Dhubri district. On the other hand, if the said application had already been placed before the concerned DLC of Dhubri district, the respondents from their records may take out a copy of the order and communicate it to the petitioner.

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With the above terms, this writ petition stands disposed of.

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Comparing Assistant

Md. Ali Hussain v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Md. Ali Hussain v. the State of Assam and 3 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

Case details

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