Allowed

Mahabub Ahmed @ Mahboobur Rahman v. the State of Assam and 6 Ors.

Gauhati HC10 May 2022WP(C)/2986/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by the son of a deceased teacher seeking compassionate appointment. The Court directed the District Mission Coordinator to place the application before the District Level Committee for a reasoned order, allowing the petition in terms of this direction. If the application was already placed, the Court directed verification of any order passed.

What did the court decide?

Directed the District Mission Coordinator to place the petitioner's compassionate appointment application before the next available District Level Committee for a reasoned order.

Mahabub Ahmed @ Mahboobur Rahman Vs the… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010085522022

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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)/2986/2022

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MAHABUB AHMED @ MAHBOOBUR RAHMAN S/O LATE FAREQUE UDDIN, VILL-FATHEPUR, P.O.-CHATAL, DISTKARIMGANJ, ASSAM, PIN-788720

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VERSUS

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THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI-781006

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2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019

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3:THE DISTRICT ELEMENTARY EDUCATION OFFICER KARIMGANJ DISTRICT KARIMGANJ PIN-788710

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4:THE DISTRICT MISSION CO-ORDINATOR KARIMGANJ ASSAM PIN-788710

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5:THE DEPUTY INSPECTOR OF SCHOOLS KARIMGANJ PIN-788710

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6:THE BLOCK ELEMENTARY EDUCATION OFFICER SOUTH KARIMGANJ EDUCATION BLOCK

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Page No.# 2/3

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KARIMGANJ PIN-788710

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7:THE DEPUTY COMMISSIONER KARIMGANJ CUM THE CHAIRMAN DISTRICT LEVEL COMMITTEE KARIMGNAJ PIN-78871

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Advocate for the Petitioner : MS. S B CHOUDHURY

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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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Date : 10-05-2022

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Heard Ms. S B Choudhury, learned counsel for the petitioner. Also heard Mr. P K Borah, learned counsel for the respondents no. 1, 2, 3, 5 and 6 being the authorities under the Elementary Education Department of Government of Assam, Mr. B Gogoi, learned counsel for the respondent no. 4 being the District Mission Coordinator, Karimganj and Mr. S R Barua, learned counsel for the respondent no. 7 being the Deputy Commissioner, Karimganj.

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The father of the petitioner Fareque Uddin who was serving as an Assistant Teacher in the 1110 no. Fatehpur Juba Parishad LP School in the Karimganj district died in harness on 19.10.1999 and on his death, the petitioner submitted an application for compassionate appointment on 14.04.2009. It is stated that at the time when the deceased employee died, the petitioner was a minor and subsequently, upon attaining majority, he submitted his application on 14.04.2009. The grievance raised is that the said application had not been placed before the DLC concerned as yet.

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Mr. S R Barua, learned counsel for the Deputy Commissioner, Karimganj has raised a question as to whether an application for compassionate appointment would be maintainable by a person who was a minor at the relevant time when the death had occurred and subsequently made the application upon attaining majority.

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The said question has been answered by the Supreme Court in a given manner. But by raising the said question, it cannot be a situation that the application is not required to be placed before the DLC. If any such question arises, it would be for the DLC to take a decision on the maintainability with a reasoned order by taking note of the law laid down by the Supreme Court.

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Accordingly, this writ petition stands disposed of directing the District Mission Coordinator, Karimganj to place the application of the petitioner for compassionate appointment before the next available DLC of Karimganj district and the DLC to pass a reasoned order thereon as per law.

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Mr. S R Barua, learned counsel for the Deputy Commissioner also raises an apprehension that in the meantime the application may have been placed before the DLC concerned.

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If it is so, the respondents to verify from the records and provide the petitioner with a copy of any such order that may have been passed and in such event the requirement of placing the application of the petitioner before the DLC would not be required. But on the other hand, if it was not placed, the same be placed before the next available DLC.

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Writ petition stands allowed in the above terms.

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JUDGE

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Comparing Assistant

Mahabub Ahmed @ Mahboobur Rahman v. the State of Assam and 6 Ors.

Case brief

What is this about?

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Mahabub Ahmed @ Mahboobur Rahman v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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