Remanded

Amzad Hussain Barbhuiya v. the State of Assam and 4 Ors.

Gauhati HC13 May 2022WP(C)/2203/2022

Case brief

AI extract

What is this about?

The Court addressed a delay in compassionate appointment recommendation due to a fresh adverse report regarding other siblings' existence. It directed that once the other siblings submit a No Objection Certificate, the claim be placed before the DLC for fresh consideration.

What did the court decide?

Direction that once other siblings submit a No Objection Certificate, the claim be placed before the next available DLC for consideration.

Amzad Hussain Barbhuiya Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2022)

¶1

Page No.# 1/3

¶2

GAHC010060172022

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : WP(C)/2203/2022

¶5

AMZAD HUSSAIN BARBHUIYA

¶6

S/O- LATE FOYEZ UDDIN BARBHUIYA, R/O- RONGPUR PART-II, P.O. SAHABAD, P.S. KATLICHEERA, DIST. HAILAKANDI, ASSAM, PIN- 788163.

¶7

VERSUS

¶8

THE STATE OF ASSAM AND 4 ORS THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-781006.

¶9

2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019. 3:THE DEPUTY INSPECTOR OF SCHOOLS SILCHAR DIST. CACHAR ASSAM PIN- 788001.

¶10

4:THE DISTRICT ELEMENTARY EDUCATION OFFICER ASSAM CACHAR SILCHAR-788001 DIST. CACHAR ASSAM 5:THE DISTRICT LEVEL COMMITTEE FOR APPOINTMENT ON COMPASSIONATE GROUND REPRESENTED BY ITS DEPUTY COMMISSIONER

¶11

Page No.# 2/3

¶12

HAILAKANDI DIST. HAILAKANDI ASSA

¶13

Advocate for the Petitioner : MS. S SEAL

¶14

Advocate for the Respondent : GA, ASSAM

¶15

BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

¶16

ORDER

¶17

Date : 13-05-2022

¶18

Heard Mr. S Kanungoe, learned counsel for the petitioner. Also heard Mr. B Kaushik, learned counsel for the respondents no. 1, 2, 3 and 4 being the authorities under the Elementary Education Department, Government of Assam and Ms. D D Barman, learned Additional Senior Government Advocate for the respondent no. 5 being the Deputy Commissioner, Hailakandi.

¶19

The father of the petitioner Faoyez Uddin Barbhuiya who was a Grade-IV employee in the Baghadighi ME School, Hailakandi died in harness on 20.02.2015 and on his death, the petitioner submitted an application for compassionate appointment which was placed before the DLC of Hailakandi district in its meeting of 05.10.2021. The DLC in its meeting of 05.10.2021 had passed a resolution that the petitioner is recommended for Assistant Teacher subject to verification of income and unemployed certificates from the concerned Circle Officer. Subsequently, as per the communication dated 09.11.2021 of the Deputy Commissioner, Hailakandi, the recommendation made was withdrawn by providing that some adverse report has been received from the concerned Circle Officer.

¶20

In the circumstance, we required the learned Additional Senior Government Advocate representing the Deputy Commissioner, Hailakandi to inform the Court as to what adverse report was available in respect of the petitioner.

¶21

In response thereof, it is stated that later on, it came to the notice of the authorities that as per the Next to Kin Certificate dated 07.05.2015, the petitioner also has other siblings

¶22

Page No.# 3/3

¶23

which were not brought on record when the recommendation was made.

¶24

Mr. S Kanungoe, learned counsel for the petitioner states that the Next to Kin Certificate was submitted along with the application for compassionate appointment and therefore, it could not have been a case that the petitioner had provided wrong information to the authorities.

¶25

In the circumstance, it is agreed upon that the other siblings of the petitioner would submit a No Objection Certificate on the petitioner being recommended and upon the same being submitted, the claim of the petitioner be placed before the next available DLC of Hailakandi district for an appropriate consideration on the claim of the petitioner as per law.

¶26

Mr. Rohan Jha, Deputy Commissioner, Hailakandi is present before the Court as required by the order dated 11.05.2022.

¶27

Further appearance stands dispensed with.

¶28

Writ petition stands disposed of in the above terms.

¶29

JUDGE

¶30

Comparing Assistant

Amzad Hussain Barbhuiya v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Amzad Hussain Barbhuiya 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

Parties & counsel

Coram

Case details

Similar cases

Md. Sahrab Ali and Anr. Vs the State of Assam and 7 Ors.

Dilip Bhusal Vs Domber Chetri and 5 Ors.

Simsang Lime Products Private Limited Vs the Union of India and 3 Ors.

Jakaria Imran Choudhury Vs the State of Assam and 4 Ors.

Nazrul Haque Mazarbhuiyan Vs Smti. Mamata Hojai

Ashim Deka and 5 Ors. Vs the State of Assam and Anr.