Allowed

Tarulata Brahma v. the State of Assam and 4 Ors.

Gauhati HC15 Nov 2021WP(C)/3472/2018

Case brief

AI extract

What is this about?

Petitioner challenged rejection of compassionate appointment claim by District Level Committee on grounds of income. Court remitted the claim to the next DLC for fresh consideration, directing that she be considered for any suitable vacant post without restriction to the Education Department.

What did the court decide?

Petitioner's claim placed before DLC of BTC; directive that she be considered against any suitable vacant post in any department, not restricted to Education Department; reasoned order to be passed.

Tarulata Brahma Vs the State of Assam and 4… — Pension and Retirement Benefits | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010111902018

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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)/3472/2018

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TARULATA BRAHMA

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W/O LATE CHIRANJOY KUMAR BRAHMA, VILLAGE AMENKATA, PO AMENKATA, DIST. KOKRAJHAR, BTC, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI6 2:THE DIRECTOR OF ELEMENTARY EDUCATION BTC KOKRAJHAR GUWAHATI-19

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3:THE INSPECTOR OF SCHOOLS BTC KOKRAJHAR ASSAM

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4:THE DISTRICT ELEMENTARY EDUCATION OFFICER BTC KOKRAJHAR ASSAM 5:THE DISTRICT LEVEL COMMITTEE BTC KOKRAJHAR REPRESENTED BY THE CHAIRMAN THE PRINCIPAL SECRETARY BTC KOKRAJHAR

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ASSA

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Advocate for the Petitioner : MR. B GOGOI

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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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ORDER

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Date : 15-11-2021

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Heard Mr. B Gogoi, learned counsel for the petitioner. Also heard Mr. P N Sarma, learned counsel for the respondent no. 1 being the authorities under the Elementary Education Department, Government of Assam and Ms. R Bora, learned counsel for the respondents no. 2, 3, 4 and 5 being the authorities in the Education Department of BTC.

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The husband of the petitioner Chiranjoy Kumar Brahma who was an Assistant Teacher in the Bhowraguri ME School died in harness on 29.10.2014 and on his death, the petitioner submitted an application for compassionate appointment. The said application was considered by the DLC of BTC in its meeting of 11.07.2016 but the claim of the petitioner was not recommended by providing that the income of some other applicants were lesser than that of the petitioner. However, by the said resolution it was provided that the claim of the petitioner for compassionate appointment would be kept pending for being considered in the next DLC of BTC. Later on when the claim was considered by the DLC of BTC in its meeting of 25.08.2017, again it was kept pending with the observation that the income of the petitioner was relatively higher than some other candidates and it was further kept pending. Being aggrieved, the present writ petition is instituted.

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No affidavit has been filed by the BTC for the last three years.

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As the DLC of BTC had not recommended the petitioner on the ground of her income being more than some other applicants but at the same time kept it pending for being considered in the next DLC of BTC, we deem it appropriate that as per the earlier resolution of the DLC dated 11.07.2016 and 25.08.2017, the claim be again placed before the next DLC

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of BTC and in doing so, shall take note of the provision of law that the petitioner is entitled to be considered against any vacant post in any department for which the petitioner may have the suitable qualification and be not considered only against the vacant post of teacher in the Education Department alone.

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Accordingly, let the claim be placed before the DLC of BTC and a reasoned order be passed thereof.

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Writ petition stands allowed as indicated above.

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JUDGE

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Comparing Assistant

Tarulata Brahma v. the State of Assam and 4 Ors.

Case brief

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Tarulata Brahma v. the State of Assam and 4 Ors.

Case brief

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