Remanded

Dharmendra Doley v. the State of Assam and 3 Ors.

Gauhati HC8 Jun 2022WP(C)/1142/2022

Case brief

AI extract

What is this about?

Petitioner filed writ petition seeking fresh consideration of his father's unconsidered application for compassionate appointment. Court remanded matter to District Level Committee for consideration on merits without holding application spent.

What did the court decide?

Matter remanded to District Level Committee, Lakhimpur district, for fresh consideration of compassionate appointment application without rejection on spent force grounds.

Dharmendra Doley Vs the State of Assam and 3… — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010027902022

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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)/1142/2022

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DHARMENDRA DOLEY

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S/O LATE BOGEN DOLEY, R/O VILL-ADUR GAON, P.O.-KHURACHUK, P.S.GOGAMUKH, DIST-DHEMAJI, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 3 ORS

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REPRESENTED BY PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI-06, ASAM

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2:THE DIRECTOR ELEMENTARY EDUCATION KAHILIPARA GHY-781019

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3:THE DISTRICT LEVEL COMMITTEE (DLC) REPRESENTED BY CHAIRMAN CUM DEPUTY COMMISSIONER LAKHIMPUR DIST- LAKHIMPUR ASSAM

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4:THE DISTRICT ELEMENTARY EDUCATION OFFICER LAKHIMPUR DIST- LAKHIMPUR ASSA

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Advocate for the Petitioner : MS. S DOLEY

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Advocate for the Respondent : SC, ELEM. EDU

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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 : 08-06-2022

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Heard Mr. S Doley, learned counsel for the petitioner. Also heard Ms. N Phukan, learned counsel for the respondents no. 1, 2 and 4 being the authorities under the Elementary Education Department, Government of Assam and Mr. S R Barua, learned Additional Government Advocate for the respondent no. 3 being the Deputy Commissioner, Lakhimpur.

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The father of the petitioner Bogen Doley who was a Chowkidar in the Madhya Subansiri ME school in the Lakhimpur district died in harness on 26.07.2008 and on his death, an application for compassionate appointment was made on 29.11.2008. As the application of the petitioner was not given its consideration, the petitioner instituted WP(C)/4546/2010 and by the order dated 27.09.2010, a direction was issued to the respondents to take necessary steps for having the application of the petitioner been considered.

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The petitioner did not have any further information about the outcome of his application other than the Speaking Order dated 18.12.2021 of the Deputy Commissioner, Lakhimpur. The second part of the said order provides that the application of the petitioner was placed in its meeting of the DLC held on 25.07.2014, 16.02.2018 and 08.11.2021 but was rejected on the ground of it being spent its force.

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Accordingly, by our earlier order we required the Deputy Commissioner, Lakhimpur to produce the minutes of the DLC meeting on 25.07.2014, 16.02.2018 and 08.11.2021. Accordingly, the minutes thereof are produced before the Court and on perusal thereof it is discernable that the application of the petitioner was not given its consideration by either of the DLCs.

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In view of the above, the matter stands remanded back to be placed before the DLC of Lakhimpur district for a fresh consideration as per law and as the said application was not earlier considered by the DLC, it is provided that the same be not rejected on the ground of having spent its force but be given its consideration as per its own merit as per law.

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The minutes of the DLC produced before the Court is kept on record.

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Page No.# 3/3

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Writ petition stands disposed of in the above terms.

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JUDGE

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Comparing Assistant

Dharmendra Doley v. the State of Assam and 3 Ors.

Case brief

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Dharmendra Doley v. the State of Assam and 3 Ors.

Case brief

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