Remanded

Ashima Chakraborty v. the State of Assam and 3 Ors.

Gauhati HC12 Mar 2021WP(C)/5232/2020

Case brief

AI extract

What is this about?

Petitioner sought compassionate appointment for her deceased father. Court found District Level Committee failed to explore vacancies in other departments under the Office Memorandum. Petitioners case remitted to DLC for consideration of combined vacancies.

What did the court decide?

The matter was remanded to the District Level Committee of Nalbari to consider the petitioner's case against available vacancies in any other departments, if available.

Ashima Chakraborty Vs the State of Assam and… — Pension and Retirement Benefits | Gauhati HC (2021)

¶1

Page No.# 1/3

¶2

GAHC010174402020

¶3

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

¶4

Case No. : WP(C)/5232/2020

¶5

ASHIMA CHAKRABORTY

¶6

D/O. LT. JOGESH CHAKRABORTY, R/O. BIDYAPUR, MADHAB BARMAN PATH, P.O. AND P.S. NALBARI, PIN-781335, DIST. NALBARI, ASSAM.

¶7

VERSUS

¶8

THE STATE OF ASSAM AND 3 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (SECONDARY) DEPTT., DISPUR, GUWAHATI-06.

¶9

2:THE DIRECTOR OF SECONDARY EDUCATION

¶10

KAHILIPARA GUWAHATI-19.

¶11

3:THE DISTRICT LEVEL COMMITTEE

¶12

REP. BY THE DY. COMMISSIONER NALBARI ASSAM.

¶13

4:THE INSPECTOR OF SCHOOLS

¶14

NALBARI DISTRICT CIRCLE NALBARI ASSAM PIN-781335

¶15

Advocate for the Petitioner : MRS. K DEVI

¶16

Advocate for the Respondent : SC, SEC. EDU.

¶17

Page No.# 2/3

¶18

BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

¶19

ORDER

¶20

Date : 12-03-2021

¶21

Heard Ms. K. Devi, learned counsel for the petitioner. Also heard Mr. B. Deuri, learned counsel for the respondent No.3 and Mr. S.M.T. Chistie, learned counsel for the respondents No. 1, 2 and 4.

¶22

The father of the petitioner late Jogesh Chakraborty who was working as an Assistant Teacher in the Barbari High School died in harness on 16.02.2015 and on his death, the petitioner submitted an application for compassionate appointment on 30.11.2015. The said application was placed before the DLC of Nalbari district on 28.04.2017 and by the minutes thereof, the claim of the petitioner was rejected that 5% of the total cadre strength/merit position for appointment on compassionate ground was unavailable. Being aggrieved, this petition is instituted.

¶23

We have taken note of the Office Memorandum dated 01.06.2015 where Clause 15 thereof provides that in the event the vacancies are not available in the department under consideration, the authorities may also explore the possibilities whether the person concerned can be accommodated in any other department where vacancies may be available.

¶24

In the instant case, it is noticed that the said exercise was not undertaken by the DLC of Nalbari district while rejecting the claim of the petitioner.

¶25

Mr. B. Deuri, learned counsel for the respondent No.3 raises the contention that 5% of the vacancies mentioned in the minutes of the DLC may refer to the combined vacancies in all the available departments.

¶26

In the absence of any specific information, it will be difficult to determine the said question. In

¶27

Page No.# 3/3

¶28

the circumstance, we deem it appropriate to remand the matter back to the DLC of Nalbari district to consider the case of the petitioner against any available vacancies in any other departments, if available. Accordingly, the matter be placed before the next available DLC of Nalbari district.

¶29

As per the provision of Clause- 15 of the Office Memorandum dated 01.06.2015 in the event, the 5% vacancies referred in the minutes is a combined vacancy of all the available departments, the DLC

¶30

may pass an appropriate order to that effect.

¶31

Writ petition stands disposed of in the above terms.

¶32

JUDGE

¶33

Comparing Assistant

Ashima Chakraborty v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Ashima Chakraborty 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

Biren Chandra Chintey Vs the State of Assam and 8 Ors.

Md. Mofidul Islam Vs the State of Assam and 4 Ors.

Muklesur Rahman Vs the State of Assam and 5 Ors.

Dr. Lokman Ali Vs the State of Assam and 2 Ors.

Ala Uddin Mazumder Vs the State of Assam and 4 Ors.

Md. Saifat Ali Vs the State of Assam and 4 Ors.