Remanded

Selina Aktar Mazumder v. the State of Assam and 3 Ors.

Gauhati HC17 Mar 2021WP(C)/90/2021

Case brief

AI extract

What is this about?

In a petition by the daughter of a deceased Assistant Teacher for compassionate appointment, the Court found no infirmity in the State Education Department's initial non-appointment. However, it directed the District Level Committee to remand the matter for fresh consideration of a suitable post matching the petitioner's H.S.S.L.C. qualification.

What did the court decide?

The writ petition is disposed of remanding the matter to the District Level Committee of Hailakandi for fresh consideration regarding a post suitable for the petitioner's qualifications.

Selina Aktar Mazumder Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010001972021

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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)/90/2021

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SELINA AKTAR MAZUMDER

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D/O LATE MONIR UDDIN MAZUMDER, VILLAGE NIMAICHANDPUR PART II

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PO NIMAICHANDPUR, PS AND DIST HAILAKANDI, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 3 ORS.

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TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF ELEMENTARY EDUCATION, DISPUR GUWAHATI 06

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2:THE CHIEF SECRETARY

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TO THE GOVT. OF ASSAM CUM CHAIRMAN OF STATE LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT

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3:THE DIRECTOR OF ELEMENTARY EDUCATION

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ASSAM KAHILIPARA GUWAHATI 19

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4:THE DEPUTY COMMISSIONER

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HAILAKANDI CUM CHAIRMAN DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT DIST HAILAKANDI ASSA

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Advocate for the Petitioner : MR M J QUADIR

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Advocate for the Respondent : GA, ASSAM

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 17-03-2021

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Heard Mr. M.J. Quadir, learned counsel for the petitioner. Also heard Mr. A. Phukan, learned counsel for the respondents no. 1 and 3 being the authorities under the Elementary Education Department of Government of Assam and Mr. S.R. Barua, learned counsel for the respondents no. 2 and 4 being the Chief Secretary to the Government of Assam and the Deputy Commissioner, Hailakandi.

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The father of the petitioner who was an Assistant Teacher in the Nityanandapur M.V. School in the Hailakandi district died in harness on 23.02.2013. On his death, the petitioner submitted an application for compassionate appointment. The application of the petitioner was placed before the DLC of Hailakandi district in its meeting held on 30.12.2014 and as per the minutes thereof she was recommended against the 35 (thirty five) number of vacancies of Assistant Teachers that had occurred during the year 2013 in the Middle Schools and as her claim was found to be in order, the recommendation of the DLC was placed before the SLC in its meeting of 16.06.2016. The recommendation made in favour of the petitioner was accepted by the SLC and the petitioner was recommended for appointment as an Assistant Teacher in an Upper Primary School. The grievance raised by the petitioner is that inspite of being recommended by the SLC, no appointment is forthcoming.

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Mr. A. Phukan, learned counsel for the Elementary Education Department of Government of Assam has raised a contention that the qualification of the petitioner is H.S.S.L.C. whereas the minimum qualification for Upper Primary post of Assistant Teacher in the Middle Schools is graduation.

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From the said point of view, we are unable to find any infirmity in not issuing an appointment order in favour of the petitioner by the Elementary Education Department of Government of Assam.

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Mr. M.J. Quadir, learned counsel for the petitioner has raised a contention that as the petitioner has the qualification of H.S.S.L.C., she would be qualified for the post of Assistant Teacher in a Lower Primary School.

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Compassionate appointment is to be considered by the DLC as per the given

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Page No.# 3/3

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qualification of an applicant and the recommendation ought to have been for a post to which the person concerned would be qualified for. From the said point of view, we remand the matter back to the DLC of Hailakandi district for a fresh consideration as to whether the petitioner can be recommended to any suitable post for which she may be duly qualified for. In doing so, the DLC may also examine the available vacancy position and follow the law in force for the purpose.

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The claim of the petitioner be placed before the next available DLC of Hailakandi district.

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Writ petition stands disposed of in the above terms.

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JUDGE

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Comparing Assistant

Selina Aktar Mazumder v. the State of Assam and 3 Ors.

Case brief

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Selina Aktar Mazumder v. the State of Assam and 3 Ors.

Case brief

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