Allowed

Rofiqul Hussain v. the State of Assam and 6 Ors.

Gauhati HC1 Jun 2022WP(C)/1417/2020

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition seeking compassionate appointment for the petitioner. The Court set aside the State Level Committee's rejection order, directed reconsideration of the application confined to the deceased's Grade IV post, and directed the Committee to explore posting the petitioner in another department under a specific Office Memorandum.

What did the court decide?

Set aside the rejected order of the SLC dated 23.12.2019; directed reconsideration of the petitioner's application for Grade IV post; directed exploration of posting in another department.

Rofiqul Hussain Vs the State of Assam and 6… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010044852020

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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)/1417/2020

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ROFIQUL HUSSAIN

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S/O- LT. ANOWAR ALI, VILL. SAGALCHARA PT-III, P.O. SAGALCHARA, P.S. AND DIST.- DHUBRI, ASSAM, PIN- 783324.

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VERSUS

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THE STATE OF ASSAM AND 6 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, PWD DEPTT., DISPUR, GHY.-06.

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2:THE STATE LEVEL COMMITTEE (SLC) ASSAM REP. BY ITS CHAIRMAN-CUM-CHIEF SECY. TO THE GOVT. OF ASSAM DISPUR GHY.-06.

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3:THE CHIEF ENGINEER PWD ROADS ASSAM CHANDMARI GHY.-03.

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4:THE COMM. AND SECY. TO THE GOVT. OF ASSAM FINANCE (EC-II) DEPTT. DISPUR GHY.-06.

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5:THE UNDER SECY. TO THE GOVT. OF ASSAM P.W.R.D. (ESST.-B) DEPTT. DISPUR GHY.-06.

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6:THE DISTRICT LEVEL COMMITTEE (DLC) REP. BY THE CHAIRMAN-CUM-DY. COMMISSIONER DHUBRI PO AND DIST.- DHUBRI ASSAM PIN- 783301.

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7:THE EXECUTIVE ENGINEER PWD RURAL ROAD DIVISON DHUBRI PO AND DIST.- DHUBRI ASSAM PIN- 783301

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Advocate for the Petitioner : MR R ISLAM

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Advocate for the Respondent : SC, PWD

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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01.06.2022

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Heard Shri R. Islam, learned counsel for the petitioner. Also heard Shri D. Bora, learned State Counsel for the State respondents whereas the PWD is represented by Shri R. Dhar, learned Standing Counsel and Shri M. Bhuiya, learned Standing Counsel for the Finance Department.

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Considering the subject matter of this writ petition which is claimed for appointment on compassionate ground and as agreed to by the parties, this writ petition is taken up for disposal at the admission stage.

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It is the case of the petitioner that his father Anowar Ali, who was a Grade IV employee under the establishment of Executive Engineer, PWD, Dhubri had passed away on 29.11.2010. The petitioner had earlier approached this Court on the aforesaid subject on compassionate appointment by filing a writ petition being

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WP(C)/2308/2019 which was disposed of on 05.04.2019 by this Court by directing placing the case of the petitioner for consideration before the State Level Committee (SLC) by taking into consideration the vacancy position made available by the petitioner.

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In the meantime, after obtaining the vacancy position, the same was submitted before the authority on 02.05.2019 and the case of the petitioner was placed before the SLC in its meeting held on 23.12.2019. In the said meeting however, the case of the petitioner was rejected on the ground that the applicant does not possess the required educational qualification for Grade III post i.e. Higher Secondary with Science and there is not a single earmarked 5% quota reservation for compassionate appointment.

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To dispel the vacancy position, the petitioner had applied under the RTI and in response to the same, the petitioner was informed that vacancy was indeed available in Grade IV post.

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Shri Islam, the learned counsel for the petitioner submits that the petitioner is ready and willing to serve in any post whether it is Grade III or Grade IV post but such employment is necessary to overcome the immediate crisis.

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In view of the above, while setting aside the rejected order dated 23.12.2019 of the SLC with regard to the case of the petitioner, it is directed that the application of the petitioner be reconsidered by the SLC in its next meeting. At the time of consideration of the case of the petitioner, the SLC shall also explore the option available under Section 15 of the OM dated 01.06.2015 whereby placing the services of the petitioner in any other Department is permissible.

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The aforesaid exercise shall be carried out in the next meeting of the SLC. At this stage, Shri Bora, the learned State Counsel has referred to a decision of the Hon’ble Supreme Court in the case of State of Uttar Pradesh and Ors. Vs. Premlata reported in (2022) 1 SCC 30 wherein it has been held that suitability of a

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candidate has to be considered in connection with the nature of the employment of the deceased Government Servant and not with his qualification to hold any superior post.

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In the instant case, since the father of the petitioner was holding Grade IV post, such consideration be confined to Grade IV post in tune with the law laid down by the Hon’ble Supreme Court in the aforesaid case of Premlata (supra) .

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The writ petition accordingly stands disposed of.

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JUDGE

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Comparing Assistant

Rofiqul Hussain v. the State of Assam and 6 Ors.

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Rofiqul Hussain v. the State of Assam and 6 Ors.

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