Allowed

Krishna Kanta Pegu v. the State of Assam and 5 Ors.

Gauhati HC15 Nov 2021WP(C)/5965/2021

Case brief

AI extract

What is this about?

The Gauhati High Court allowed a writ petition seeking compassionate appointment. The Court set aside the State Level Committee's rejection on grounds of late submission and unavailability of vacancy, directing the SLC to re-evaluate the original application submitted within the statutory limit and the DLC's recommendation.

What did the court decide?

Rejection of compassionate appointment application by SLC interfered; matter remanded for fresh consideration; SLC directed to act on DLC recommendation.

Krishna Kanta Pegu Vs the State of Assam and… — Pension and Retirement Benefits | Gauhati HC (2021)

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GAHC010187492021

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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)/5965/2021

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KRISHNA KANTA PEGU

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S/O LATE RAJKUMAR PEGU, R/O JIYADHAL KEKURI GAON, P.O.-JIYADHAL CHARIALI, P.S.-DHEMAJI, DIST-DHEMAJI, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, SECONDARY EDUCATION DEPARTMENT, SACHIVALAYA, DISPUR, ASSAM-781006

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2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019

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3:THE INSPECTOR OF SCHOOLS DHEMAJI DISTRICT CIRCLE DHEMAJI

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4:THE DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT REPRESENTED HEREIN BY THE DEPUTY COMMISSIONER DHEMAJI ASSAM-787057

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5:THE DEPUTY COMMISSIONER DHEMAJI DIST-DHEMAJI ASSAM-787057

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6:THE STATE LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT

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REPRESENTED HEREIN BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM

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SACHIVALAYA DISPUR GUWAHATI-0

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Advocate for the Petitioner : MR. D GOGOI

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Advocate for the Respondent : SC, SEC. 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. D. Gogoi, learned counsel for the petitioner. Also heard Ms. N.M. Sarma, learned counsel for the respondents No.1, 2 and 3 being the authorities under the Secondary Education Department of the Govt. of Assam and Mr. Girin Pegu, learned counsel for the respondents No.4, 5 and 6 being the Deputy Commissioner, Dhemaji and the Chief Secretary to the Govt. of Assam.

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The father of the petitioner late Rajkumar Pegu, who was an Assistant Teacher in Jiyadhal Koneng High School in the Dhemaji district, died in harness on 17.06.2015 and on his death, the petitioner submitted an application for compassionate appointment on 12.08.2015. In the statement of particulars of the applicants for compassionate appointment prepared by the Inspector of Schools, Dhemaji, the date of application of the petitioner is shown to be 12.08.2015. The DLC dated 24.05.2016 had recommended the petitioner for the post of Assistant Teacher. When the said recommendation was placed before the SLC dated 14.07.2016, it was rejected on the ground that the petitioner did not have the requisite qualification for the post of Assistant Teacher. Accordingly, the SLC had referred the claim of the petitioner back to the DLC for resubmission as per the Personnel(B) Department Office Memorandum dated 01.06.2015.

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Office Memorandum 01.06.2015 provides that the application for compassionate appointment is to be considered against any vacant post in any department to which the applicant may have the necessary qualification. Accordingly, we have to understand that the SLC had referred the matter back to the DLC to consider the claim of the petitioner against any vacant post in any department in which he may be qualified for. Accordingly, the DLC of Dhemaji by its resolution dated 25.06.2019 recommended the petitioner for the post of LDA. But when the same was placed before the SLC in its meeting of 04.01.2021, the same stood rejected by providing that the application was not submitted within a period of one year from the date of death.

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As already noted above, the statement of particulars provided by the Inspector of School, Dhemaji clearly provides that the date of application of the petitioner was 12.08.2015, but after the matter was remanded back by the SLC to the DLC, we find another statement of particulars by the Inspector which provides the date of application to be 22.09.2016, which apparently would be incorrect.

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In any view of the matter, even if there is any other application, the same would not be relevant consideration, as it is a matter where the SLC had remanded the claim of the petitioner back to the DLC for resubmission which has to be understood that the requirement would have been done on the basis of the original application, which is dated 12.08.2015.

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Accordingly, the rejection by the SLC it is resolution dated 04.01.2021 in respect of the petitioner on the ground of late submission of application stands interfered. The matter be again placed before the next available SLC for a fresh consideration by taking note that the application of the petitioner is dated 12.08.2015, which is within the period of one year from the date of death and

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accordingly, pass appropriate order on the recommendation by the DLC dated 25.06.2019 recommending the petitioner for the post of LDA. As the earlier consideration by the SLC was not considered in an appropriate manner, the SLC shall now not reject the claim of the petitioner on the ground of unavailability of any vacancy.

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Writ petition stands allowed as indicated above.

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JUDGE

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Comparing Assistant

Krishna Kanta Pegu v. the State of Assam and 5 Ors.

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Krishna Kanta Pegu v. the State of Assam and 5 Ors.

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