Allowed

Santana Bora v. the State of Assam and 3 Ors.

Gauhati HC18 May 2022WP(C)/2432/2022

Case brief

AI extract

What is this about?

Petitioner sought compassionate appointment for his deceased husband. The District Level Committee rejected the claim due to no vacancy in the husband's department. The Court interpreted Office Memorandum Clause 15 allowing consideration for other qualified departments and remanded the matter for fresh consideration.

What did the court decide?

The writ petition is allowed and the matter is remanded to the District Level Committee of Nagaon for fresh consideration of the claim against vacancies in other departments.

Santana Bora Vs the State of Assam and 3 Ors. — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No.# 1/2

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GAHC010060262022

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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)/2432/2022

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SANTANA BORA

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W/O- LT. ATUL CHANDRA BORA, VILL. BATADRAVA BARHISA, P.O. AND P.S. BATADRAVA, DIST.- NAGAON, ASSAM, PIN- 782122.

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VERSUS

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THE STATE OF ASSAM AND 3 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPTT., DISPUR, GHY.-06.

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2:THE DIRECTOR ELEMENTARY EDUCATION DEPTT. ASSAM KAHILIPARA GHY.-19.

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3:THE DIST. ELEMENTARY EDUCATION OFFICER NAGAON P.O. P.S. AND DIST. NAGAON ASSAM.

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4:THE CHAIRMAN

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DISTRICT LEVEL COMMITTEE ( FOR COMPASSIONATE APPOINTMENT) NAGAON REP. BY THE DEPUTY COMMISSIONER NAGAON P.O. AND DIST.- NAGAON ASSAM

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Advocate for the Petitioner : MR. Z HAMMAD

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Advocate for the Respondent : GA, ASSAM

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Page No.# 2/2

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 18-05-2022

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Heard Mr. Z Hammad, learned counsel for the petitioner. Also heard Mr. N Phukan, learned counsel for the respondents no. 1, 2 and 3 being the authorities under the Elementary Education, Government of Assam and Mr. G Bokolial, learned counsel for respondent no. 4, the Deputy Commissioner, Nagaon.

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The husband of the petitioner Atul Chandra Bora who was working as an Assistant Teacher at Batmari Ismalia Muktab School in the Nagaon district died in harness on 03.08.2016 and on his death, the petitioner submitted an application for compassionate appointment on 05.09.2016. It is stated that the said application was placed before the DLC of Nagaon district in its meeting of 14.12.2016, 15.05.2017, 13.11.2017, 12.04.2018, 25.07.2018, 28.12.2018 and 09.08.2019 but no recommendation can be made as because no vacancy was available.

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Clause 15 of the Office Memorandum dated 01.06.2015 provides that if vacancy is not available in the department where the deceased had worked, consideration be made against any other available vacant post in other department to which the person concerned may be qualified for.

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Considering the provisions of Clause 15 of the O.M. dated 01.06.2015, we remand the matter back to the DLC of Nagaon district for a fresh consideration on the claim of the petitioner for compassionate appointment against any available vacancy in other department to which the petitioner may be duly qualified for. Accordingly, the application be placed before the next available DLC of Nagaon district.

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Writ petition stands allowed as indicated above.

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JUDGE

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Comparing Assistant

Santana Bora v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Santana Bora v. the State of Assam and 3 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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