Disposed

Mrinal Thakuria v. the State of Assam and 4 Ors.

Gauhati HC25 Apr 2022WP(C)/1569/2022

Case brief

AI extract

What is this about?

Petitioner challenged rejection of compassionate appointment due to alleged vacancy shortage. Court directed authorities to consider application per new government instructions and pass reasoned order if rejected.

What did the court decide?

Directed concerned authority to take petitioner's case into consideration for compassionate appointment and pass reasoned order if not recommended.

Mrinal Thakuria Vs the State of Assam and 4 Ors. — Service and Employment | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010039042022

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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)/1569/2022

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MRINAL THAKURIA SON OF SRI KHAGEN THAKURIA P/R VILL- JALIKHATA P.O. HELANA DIST. BARPETA, ASSAM PIN-781375

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6.

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2:THE DIRECTOR OF EDUCATION (ELEMENTARY)

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KAHILIPARA GUWAHATI-19 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER

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BARPETA DIST. BARPETA ASSAM

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4:THE DEPUTY COMMISSIONER CUM CHAIRMAN

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DISTRICT LEVEL COMMITTEE BARPETA ASSAM

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5:THE STATE LEVEL COMMITTEE TO THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR

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GUWAHATI-6

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Advocate for the Petitioner : MRS. K DEVI

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Advocate for the Respondent : SC, ELEM. EDU

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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::ORDER::

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Date : 25/04/2022

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Heard Mrs. K. Devi, the learned counsel for the Petitioner. and Mr. G. Pegu, the learned Additional Senior Government Advocate appearing for the Respondent Nos. 4 and 5.

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The case of the Petitioner is that the Petitioner is aggrieved by the rejection of his application by the State Level Committee for appointment on compassionate ground on the ground of lack of vacancy.

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This Court vide an order dated 18/04/2022 directed the learned Additional Senior Government Advocate for the Respondent Nos. 4 and 5 to obtain instructions as to why the State Level Committee had rejected the case of the Petitioner on the ground of lack of vacancy though the District Level Committee had categorically stated that there were 70 numbers of vacant posts (ME Arts) which occurred in the year 2014 and out of which 5% of such vacant posts were reserved for compassionate appointment.

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Mr. G. Pegu, the learned counsel for the Respondent Nos. 4 and 5 has produced an instructions dated 19/4/2022 issued by the Additional Secretary to the Government of Assam, Elementary Education Department, whereby it

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was mentioned that the case of the Petitioner would be placed in the next available State Level Committee meeting as and when convened. Consequently, in view of the said instructions, this Court disposes of the instant writ petition with a direction to the concerned Respondent Authority, i.e. the Respondent No.5 to take into consideration the case of the Petitioner for compassionate appointment and if the Petitioner is not recommended the concerned Respondent Authorities shall pass a reasoned order.

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With the above directions, the instant petition stands disposed of.

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A copy of the instructions so produced by Mr. G. Pegu is kept on record and marked with the letter X.

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JUDGE

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Comparing Assistant

Mrinal Thakuria v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Mrinal Thakuria v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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