Allowed

Golapi Das (Pathak) v. the State of Assam and 5 Ors.

Gauhati HC2 Aug 2021WP(C)/3435/2021

Case brief

AI extract

What is this about?

A widow filed a writ petition seeking compassionate appointment as a Peon following her husband's death in harness. DLC recommended her, but SLC deferred selection pending vacancy clarification, which later confirmed vacancies existed. The Court directed immediate appointment.

What did the court decide?

Issued direction to Director of Elementary Education, Assam to issue an appointment order in favour of the petitioner against the vacancy of Grade-IV in the year 2012 within one month.

Golapi Das (Pathak) Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2021)

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GAHC010077932021

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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)/3435/2021

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GOLAPI DAS (PATHAK) W/O LATE KALYAN PATHAK P/R VILL- DHARMAPUR P.O. ABHAYAPURI P.S. ABHAYAPURI

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DIST. BONGAIGAON, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 5 ORS

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

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2:THE DEPUTY INSPECTOR OF SCHOOLS ABHAYAPURI CIRCLE DISTRICT-BONGAIGAON ASSAM

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3:THE DISTRICT ELEMENTARY EDUCATION OFFICER BONGAIGAON DIST. BONGAIGAON ASSAM

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4:THE DEPUTY COMMISSIONER CUM CHAIRMAN DISTRICT LEVEL COMMITTEE BONGAIGAON DISTRICT- BONGAIGAON ASSAM

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5:THE STATE LEVEL COMMITTEE TO THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-6.

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6:THE JOINT SECRETARY TO THE GOVT. OF ASSAM ELEMENTARY EDUCATION DEPTT. DISPUR GUWAHATI-6

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Advocate for the Petitioner : MRS. K DEVI

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Advocate for the Respondent : SC, ELEM. EDU

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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Date : 02-08-2021

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JUDGMENT & ORDER (ORAL)

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Heard Ms. K Devi, learned counsel for the petitioner, Mr. PN Sarma, learned counsel for the respondent Nos. 1, 2, 3 and 6 being the authorities in the Elementary Education Department of the Government of Assam and Ms. DD Barman, learned Additional Senior Government Advocate for the respondent No.4 being the Deputy Commissioner, Bongaigaon and the respondent No.5 being represented by the Chief Secretary to the Government of Assam. The petitioner to implead the Director of Elementary Education, Assam as respondent no.7 and the Registry to incorporate the necessary correction in the cause title of the writ petition on the information being provided by the writ petitioner.

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The husband of the petitioner, who was working as a Head Teacher of Surendra Das L.P School, died in harness on 24.10.2010 and on his death, the petitioner submitted an application for compassionate appointment on 19.01.2011. Admittedly the said application was submitted within the prescribed time limit. The application of the petitioner for compassionate appointment was

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considered by the DLC of Bongaigaon district in its meeting held on 24.06.2014.

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While considering the application for compassionate appointment against a Grade-IV post, the DLC arrived at its factual conclusion that for the year 2012 for Grade-IV posts, the number of posts vacant was found to be three and in the remarks column, it was stated that one post can be recommended for compassionate appointment. Accordingly, the DLC found the petitioner to be eligible and recommended her for compassionate appointment against the vacancy of 2012 for the post of office Peon.

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When the said recommendation of the DLC was placed before the SLC, in its meeting of 25.06.2015, the following decision was taken:-

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“There were four nos. of recommended candidates and SLC selected both the candidates for appointment for the post of Grade-IV as mentioned below:-

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(I) Sri Golapi Das

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(II) Sri Arup Kr. Barman

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(III) Sri Momotas Begum

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(IV) Sri Anurup roy

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But the SLC deferred the selection of Grade-IV staff under Bongaigaon District for want of clarification regarding vacancy position to be ascertained by DC concerned/DEE.

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A reading of the recommendation of the SLC goes to show that even the SLC had approved the recommendation made by the DLC in favour of the petitioner, but the final decision stood deferred as because the SLC wanted a clarification regarding the vacancy position to be ascertained by the concerned Deputy Commissioner.

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We have taken note of that in response thereof, the Deputy

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Commissioner, Bongaigaon by the communication dated 27.02.2018 had provided for the vacancy position for Grade-Iv in the Bongaigaon district for the years 2012 to 2014. But the matter did not progress any further and remained at that stage. Being aggrieved, the present writ petition is preferred.

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Firstly, we have taken note of that the DLC had made a clear assessment of its own as regards the vacancy position for Grade-IV position for the year 2012. The SLC had not given any reason in its resolution of 25.06.2015 as to why it differs from the vacancy position arrived at by the DLC, so as to seek for a clarification regarding the vacancy. That by itself appears to be an arbitrary act on the part of the SLC.

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Be that as it may, the Deputy Commissioner, Bongaigaon by the communication dated 27.02.2018 had provided that necessary clarification and nowhere it is indicated that no vacancies were available for the year 2012.

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In the aforesaid circumstance, although it is the submission of Ms. DD Barman, learned Additional Senior Government Advocate that the matter requires to be remanded back to the SLC, but we are unable to accept the said submission for the reason that the SLC in its resolution of 25.06.2015 had arrived at its conclusion that two candidates had been selected by the SLC for appointment for the post of Grade-IV in the Bongaigaon district, which included the petitioner Golapi Das. The only reason why the aforesaid process was not carried forward was that the SLC wanted a clarification regarding the existence of vacancy and that too as already held hereinabove, without stating any reason. Further, as required by the SLC, even the Deputy Commissioner had given a clarification regarding the existence of vacancy by his communication dated 27.02.2018.

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In view of the above, we deem it appropriate that the matter need not be remanded back to the SLC once again and the ends of justice would be met if a direction be issued to the Director of Elementary Education, Assam to issue an appointment order in favour of the petitioner against the vacancy of Grade-IV in the year 2012 as has been identified by the DLC as well as being reiterated by the Deputy Commissioner in his communication dated 27.02.2018.

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The appointment order be issued within a period of one month from the date of receipt of a certified copy of this order.

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In terms of the above, the writ petition stands allowed.

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JUDGE

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Comparing Assistant

Golapi Das (Pathak) v. the State of Assam and 5 Ors.

Case brief

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Golapi Das (Pathak) v. the State of Assam and 5 Ors.

Case brief

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What the court decided

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