Allowed

Gautam Prasad v. the State of Assam and 3 Ors.

Gauhati HC8 Nov 2021WP(C)/4889/2021

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition regarding compassionate appointment of the petitioner as Assistant Teacher. The court directed the Principal Secretary to place the petitioner's claim before the next available State Level Committee as per a prior remand order.

What did the court decide?

The writ petition is disposed of by directing the Principal Secretary to the Government of Assam, Elementary Education Department, to place the petitioner's claim for compassionate appointment before

Gautam Prasad Vs the State of Assam and 3 Ors. — Pension and Retirement Benefits | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010146432021

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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)/4889/2021

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GAUTAM PRASAD S/O LATE JAGADISH PRASAD, RESIDENT OF CIVIL HOSPITAL ROAD, PO AND PS TEZPUR, DIST SONITPUR, ASSAM,784001

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VERSUS

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THE STATE OF ASSAM AND 3 ORS.

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REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM CUM CHAIRMAN STATE LEVEL SELECTION COMMITTEE (SLC) FOR APPOINTMENT ON COMPASSIONATE GROUND,DISPUR GUWAHATI 781006

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2:THE STATE LEVEL COMMITTEE (SLC) (SLC) REPRESENTED BY ITS MEMBER SECRETARY -CUM- PRINCIPAL SECRETARYTO THE GOVT. OF ASSAM EDUCATION (ELEMENTARY) DEPARTMENT

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DISPUR GUWAHATI 781006

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3:THE DISTRICT LEVEL COMMITTEE (DLC) REPRESENTED BY THE MEMBER SECRETARY CUM DEPUTY COMMISSIONER SONITPUR ASSAM 784001

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4:THE DISTRICT ELEMENTARY EDUCATION OFFICER

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SONITPUR TEZPUR ASSAM 78400

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Advocate for the Petitioner : MR. S U AHMED

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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08.11.2021

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Heard Mr. S U Ahmed, learned counsel for the petitioner. Also heard Mr. Girin Pegu, learned counsel for the respondents No.1 and 3 being the Chief Secretary to the Government of Assam and the Deputy Commissioner Sonitpur respectively as well as Mr. Ganesh Pegu, learned counsel for the respondents No.2 and 4 being the authorities under the Elementary Education Department, Government of Assam.

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The DLC of Sonitpur district in its meeting of 05.08.2014 had recommended the petitioner Gautam Prasad for appointment on compassionate basis against a post of Assistant Teacher.

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The SLC by its resolution dated 16.06.2016 had rejected the recommendation made in favour of the writ petitioner on the ground of nonavailability of vacancy. In the resultant situation, WP(C)No.6761/2017 was instituted which was given a final consideration by the order dated 09.09.2019 by providing as extracted:

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“5. In view of the above, the matter is remanded to the SLC for reconsideration to examine the availability of vacancy in other departments

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as provided under the aforesaid OM.

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Accordingly, the case of the petitioner be placed before the SLC in its next sitting or within a period of 3(three) months from the date of receipt of a certified copy of this order, whichever is earlier.”

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A reading of the order of this Court dated 09.09.2019 shows the requirement of placing the claim of the petitioner for compassionate appointment again before the next available SLC for being considered against any vacancy in any other department.

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This writ petition is instituted on the grievance that although the subsequent sitting of the SLC had taken place but the claim of the petitioner was not given a consideration. In view of the above, this writ petition is disposed of by directing the Principal Secretary to the Government of Assam in the Elementary Education Department to place the claim of the petitioner for compassionate appointment before the next available SLC as provided in the order dated 09.09.2019 in WP(C)No.6761/2017.

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6. Writ petition stands disposed of in the above terms.

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JUDGE

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Comparing Assistant

Gautam Prasad v. the State of Assam and 3 Ors.

Case brief

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Gautam Prasad v. the State of Assam and 3 Ors.

Case brief

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