Petitioner sought compassionate appointment for his father who died in service. Court held that Order-under-reference omitted late submission provisions for pending applications and remanded for fresh consideration.
Remanded to District Level Committee, Cachar for reconsideration of compassionate appointment by 2008 vacancy if any.
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GAHC010185782021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5977/2021
SWELL ALOM LASKAR
S/O LATE ALA UDDIN LASKAR, VILLAGE GAGTAPAR PR I, PO SALCHAPTAA, DIST CACHAR, ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS
TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM , EDUCATION ( ELEMENTARY) DEPARTMENT, DISPUR GUWAHATI 06
2:THE STATE LEVEL COMMITTEE (FOR COMPASSIONATE APPOINTMENT ) TO BE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI 06
3:THE DIRECTOR OF ELEMENTARY EDUCATION DEPARTMENT
ASSAM KAHILIPARA GUWAHATI 19
4:THE DISTRICT ELEMENTARY EDUCATION OFFICER
CACHAR PO SILCHAR CACHAR ASSAM
5:THE DISTRICT LEVEL COMMITTEE
(FOR COMPASSIONATE APPOINTMENT) CACHAR
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TO BE REPRESENTED BY THE DEPUTY COMMISSIONER CACHAR PO SILCHAR DIST CACHAR ASSA
Advocate for the Petitioner : MR. A M BARBHUIYA
Advocate for the Respondent : SC, ELEM. EDU
BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 15-11-2021
Heard Mr. A.M. Barbhuiyan, learned counsel for the petitioner. Also heard Mr. P.N. Sarma, learned counsel for the respondents No. 1, 3 and 4 being the authorities under the Elementary Education Department and Ms. D.D. Barman, learned counsel for the respondents No.2 and 5 being the Chief Secretary to the Govt. of Assam and the Deputy Commissioner, Cachar respectively.
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02.03.2009 of the Personnel(B) Department of the Govt. of Assam is placed wherein in Clause-15 it is provided that in the event the application is not submitted within a period of three months from the date of death of the government employee, such application is not required to be considered. But at the same time, Clause-16 of the Office Memorandum dated 02.03.2009 provides that the said provision in the Office Memorandum would not have any retrospective application and therefore, the guideline thereof cannot be applied to a pending case.
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dated 02.03.2009, we remand the matter back to the DLC of Cachar district for reconsideration.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether Office Memorandum dated 02.03.2009 regarding late submission of compassionate appointment applications applies retrospectively to pending cases.
Whether the State was required to communicate reasons for rejection under Clause-24 of the said Office Memorandum.
SWELL ALOM LASKAR
THE STATE OF ASSAM
ACHINTYA MALLA BUJOR BARUA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
