Allowed

Hamida Begum v. the State of Assam and 6 Ors.

Gauhati HC10 May 2022WP(C)/2991/2022

Case brief

AI extract

What is this about?

Writ petition filed by the mother of a deceased government school teacher seeking compassionate appointment. Court directed lower authorities to place her application before the District Level Committee for a reasoned order.

What did the court decide?

Directs the District Elementary Education Officer, Karimganj to place the petitioner's compassionate appointment application before the next available District Level Committee (DLC) to pass a reasoned

Hamida Begum Vs the State of Assam and 6 Ors. — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010085552022

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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)/2991/2022

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HAMIDA BEGUM D/O- LT. NURUL ISLAM, VILL- BATAYA, P.O.- MULLAGANJ, DIST.KARIMGANJ, ASSAM, PIN- 788719.

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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, EDUCATION (ELEMENTARY) DEPTT., DISPUR, GHY.- 781006.

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2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY.- 781019. 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER KARIMGANJ DISTRICT KARIMGANJ PIN- 788710. 4:THE DISTRICT MISSION CO-ORDINATOR KARIMGANJ KARIMGANJ ASSAM PIN- 788710.

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5:THE DY. INSPECTOR OF SCHOOLS KARIMGANJ KARIMGANJ PIN- 788710.

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6:THE BLOCK ELEMENTARY EDUCATION OFFICER

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SOUTH KARIMGANJ EDUCATION BLOCK KARIMGANJ PIN- 788710.

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7:THE DY. COMMISSIONER KARIMGANJ CUM THE CHAIRMAN DISTRICT LEVEL COMMITTEE KARIMGANJ PIN- 788710

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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 Nurul Islam who was serving as an Assistant Teacher in the Kanakpur ME Madrassa in the Karimganj district died in harness on 28.11.2013 and on his death, the petitioner submitted an application for compassionate appointment on 01.12.2017. It is stated that at the time when the deceased employee died, the petitioner was a minor and subsequently, upon attaining majority, she submitted her application on 01.02.2017. 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 Elementary Education Officer, 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

Hamida Begum v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

Hamida Begum v. the State of Assam and 6 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

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