Partly allowed

Jaysankar Ghoore v. the State of Assam and 4 Ors.

Gauhati HC5 Jan 2022WP(C)/1304/2021

Case brief

AI extract

What is this about?

The Gauhati High Court partly allowed a writ petition regarding the rejection of a compassionate appointment claim. The court directed the District Level Committee to reconsider the application against vacancies in other departments as per a specific Government Order.

What did the court decide?

The application of the petitioner was to be placed before the DLC of Cachar district to consider recommendation for compassionate appointment against any available vacancy in any other department as p

Jaysankar Ghoore Vs the State of Assam and 4… — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010026782021

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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)/1304/2021

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JAYSANKAR GHOORE

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S/O- LT. LAKSHMAN LAL GHOORE, GR-IV, MD. IDRIS ALI ANSARI ME SCHOOL, CACHAR DIED IN HARNESS ON 15.03.2016, R/O- VILL- SAHAPUR, P.S. SILCHAR, DIST.- CACHAR, ASSAM, PIN- 788117

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VERSUS

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THE STATE OF ASSAM AND 4 ORS

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REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPTT., ASSAM (CIVIL) SECRETARIAT, DISPUR, GHY-06

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2:THE CHIEF SECRETARY TO THE GOVT. OF ASSAM CUM CHAIRPERSON SLC ASSAM (CIVIL) SECRETARIAT DISPUR GHY-06 3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19 ASSAM 4:THE DY. COMMISSIONER CUM CHAIRMAN OF DISTRICT LEVEL COMMITTEE (DLC) CACHAR ASSAM PIN- 788001 5:THE DISTRICT ELEMENTARY EDUCATION OFFICER CACHAR

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Page No.# 2/3

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ASSAM PIN- 78800

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Advocate for the Petitioner : MR. A K DUTTA

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Advocate for the Respondent : SC, ELEM. EDU

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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05.01.2022

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Heard Mr. B Purkayastha, learned counsel for the petitioner. Also heard Ms. N Phukan, learned counsel for the respondents No.1, 3 and 5 being the authorities under the Elementary Education Department, Government of Assam and Mr. SR Baruah, learned counsel for the respondents No.2 and 4 respectively being the Chief Secretary to the Government of Assam and the Deputy Commissioner, Cachar.

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The father of the petitioner Lakshman Lal Ghoore who was a Grade IV employee in the Md. Idris Ali Ansari ME School died in harness on 15.03.2016 and on his death, the petitioner submitted an application for compassionate appointment on 28.11.2016. The said application was given a consideration by the DLC of Cachar district in its meeting of 06.03.2020 and by the minutes thereof it was concluded that there was one post of Grade IV available in the Education Department. As another applicant Samsuzzaman Mazumder has also made a claim for compassionate appointment, on an inter se comparison, it was found that the other applicant had a better claim than the petitioner. Accordingly

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the claim of the petitioner for compassionate appointment stood rejected.

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Mr. B Purkayastha, learned counsel for the petitioner relies upon the OM dated 01.06.2015 wherein it is provided that if the vacancies are not available in the department concerned where the deceased had served, the applications are also to be considered against any vacancies in any other department. It is contented that the said exercise was not undertaken by the DLC while considering the application of the petitioner.

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We are in agreement with the submission of the learned counsel for the petitioner. Accordingly, the application of the petitioner be again placed before the DLC of Cachar district in its next available meeting for consideration as to whether the petitioner can be recommended for compassionate appointment against any available vacancy of the given year in any other department as required by the OM dated 01.06.2015.

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Writ petition is partly allowed as indicated above.

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Comparing Assistant

Jaysankar Ghoore v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Jaysankar Ghoore v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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