Disposed

Mehbub Hussain v. the State of Assam and 3 Ors.

Gauhati HC5 Feb 2020WP(C)/665/2020

Case brief

AI extract

What is this about?

In a writ petition, the Gauhati High Court disposed of a challenge to the District Level Committee's rejection of the petitioner's die in harness appointment claim due to alleged expired application validity. The Court held the rejection inappropriate as the applicant was not delayed, and directed authorities to reconsider the case.

What did the court decide?

The petitioner's case be placed again before the concerned District Level Committee in its next meeting without rejecting it on the ground of expired application validity period.

Mehbub Hussain Vs the State of Assam and 3… — Pension and Retirement Benefits | Gauhati HC (2020)

¶1

Page No.# 1/3

¶2

GAHC010022232020

¶3

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

¶4

Case No. : WP(C) 665/2020

¶5

1:MEHBUB HUSSAIN

¶6

S/O- LATE SHAHIDUR RAHMAN, VILL- JHAGRARPAR PT-III, P.OJHAGRARPAR, P.S AND DIST- DHUBRI, ASSAM, PIN- 783325

¶7

VERSUS

¶8

1:THE STATE OF ASSAM AND 3 ORS

¶9

REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, SECONDARY EDUCATION, ASSAM, DISPUR, GHY- 06

¶10

2:THE STATE LEVEL COMMITTEE REP. BY THE CHIEF SECY TO THE GOVT OF ASSAM DISPUR GHY- 06

¶11

3:THE DISTRICT LEVEL COMMITTEE DHUBRI REP. BY THE DEPUTY COMMISSIONER DHUBRI P.S AND DIST- DHUBRI ASSAM PIN- 783301

¶12

4:THE INSPECTION OF SCHOOLS DDC DHUBRI DIST- DHUBRI ASSAM PIN- 78330

¶13

Advocate for the Petitioner : MR A HUSSAIN

¶14

Page No.# 2/3

¶15

Advocate for the Respondent : SC, SEC. EDU.

¶16

BEFORE HONOURABLE MR. JUSTICE N. KOTISWAR SINGH

¶17

ORDER

¶18

Date : 05-02-2020

¶19

Heard Md. A . Hussain, learned counsel for the petitioner. Also heard Ms. N. Phukan, learned Standing Counsel, Education (Secondary) Department, respondent Nos. 1 & 4 and Mr. B. Deuri, learned Govt. Advocate, Assam for respondent Nos. 2 & 3.

¶20

In this petition, the matter pertains to rejection of the claim of the petitioner for appointment under the die in harness scheme by the District Level Committee (DLC) on the ground of expiry of the validity period of application.

¶21

Petitioner’s father was earlier serving as a Subject Teacher in English at Hamidabad H.S. School, Fakirganj, Dhubri, who died while in service on 04.01.2013. Soon after the death of the father of the petitioner, the petitioner submitted the application for appointment under the die in harness scheme along with the relevant documents on 22.05.2013. Unfortunately, though the petitioner filed his application in time within 1 (one) year of death of his father as per rules, the authorities did not place his application for consideration and it was belatedly placed before the District Level Committee (DLC). However, his application was considered by the District Level Committee (DLC) in their meeting held on 26.05.2016 and the District Level Committee (DLC) rejected his case on the ground that 2 (two) years validity period of application is already over.

¶22

The aforesaid decision of the District Level Committee (DLC) has been assailed in this petition.

¶23

Having heard the learned counsel for the parties, this Court is of the view that the aforesaid decision of the District Level Committee (DLC) cannot be said to be appropriate in as much as there was no delay on the part of the petitioner in submission of the application. However, the delay was occasioned on the part of the authorities in placing before the District Level Committee (DLC).

¶24

Page No.# 3/3

¶25

Accordingly, the present petition is disposed of by directing the respondent authorities to place the case of the petitioner again for appointment under the die in harness scheme before the concerned District Level Committee (DLC) of Dhubri District in the its next meeting, which shall not reject the case of the petitioner on the ground that the validity period of the application is over.

¶26

JUDGE

¶27

Comparing Assistant

Mehbub Hussain v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Mehbub 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

Parties & counsel

Coram

Case details

Similar cases

Paresh Chandra Mazumdar and 2 Ors. Vs the State of Assam and 7 Ors.

M/S. S. Ahmed and Co. Vs the Union of India and 4 Ors.

Basanta Kumar Borah Vs the State of Assam and 4 Ors.

Kirti Borah Vs the State of Assam and 6 Ors.

Rahman Ali Sk. Vs the State of Assam and 5 Ors.

Jayanta Kumar Saharia and 5 Ors. Vs the State of Assam and 4 Ors.