Disposed

Swapnendu Bhushan Chanda v. the State of Assam and 4 Ors.

Gauhati HC3 Jun 2022WP(C)/3633/2022

Case brief

AI extract

What is this about?

The court directed the District Elementary Education Officer to place the petitioner's application for compassionate appointment before the District Level Committee for reconsideration. The Committee must evaluate the claim on merit without rejecting it merely due to its origin in 1995.

What did the court decide?

Directed the District Elementary Education Officer, Karimganj, to place the petitioner's application for compassionate appointment before the next available District Level Committee for consideration

Swapnendu Bhushan Chanda Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010095362022

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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)/3633/2022

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SWAPNENDU BHUSHAN CHANDA S/O- LATE SUNIL KUMAR CHANDA R/O- VILLAGE KUCHIRKUNA P.O- SRIGOURI. P.S- BADARPUR DIST- KARIMGNJ, ASSAM PIN-788806

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VERSUS

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THE STATE OF ASSAM AND 4 ORS

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REP. BY THE COMMISSIONER AND SECRETARY, DEPARTMENT OF ELEMENTARY EDUCATION, GOVT. OF ASSAM, DISPUR, GHY 06

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2:THE DIRECTOR OF ELEMENTARY EDUCATION KAHILIPARA

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GHY-19 KAMRUP (M) ASSAM

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3:THE DEPUTY COMMISSIONER KARIMGANJ CUM CHAIRMAN DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT DIST- KARIMGANJ PIN-788710

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4:THE ADDL. DEPUTY COMMISSIONER CUM MEMBER

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Page No.# 2/4

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DISTRICT LEVEL COMMITTEE DIST- KARIMGANJ PIN-788710 5:THE DIST. ELEMENTARY EDUCATION OFFICER DIST- KARIMGANJ PIN-788710 ASSA

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Advocate for the Petitioner : MR. I ALAM

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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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O R D E R

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03.06.2022

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Heard Mr. I Alam, learned counsel for the petitioner, Mr. A Phukan, learned counsel for the respondents No. 1, 2 and 5 being the authorities in the Elementary Education Department of the Government of Assam and Ms. DD Barman, learned Additional Senior Government Advocate for the respondents No. 3 and 4 respectively being the Deputy Commissioner and Additional Deputy Commissioner, Karimganj.

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The father of the petitioner Sunil Kumar Chanda, who was the teacher of Nayatilla LP School in the Karimganj district, died in harness on 28.02.1995 and on his death, the petitioner submitted an application for compassionate appointment. The said application resulted in the communication dated 12.10.1995 from the Under Secretary to the Government of Assam in the Education Department to the Director of Elementary Education, Assam by which it was provided that the Governor of Assam is pleased to accord approval for appointment of the petitioner as an Assistant Teacher in the LP School on

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Stipendiary basis on compassionate ground pursuant to a Personnel (B) Department Office Memorandum dated 09.09.1983 subject to availability of vacancy within the 5% limit. The consequential communication of the director dated 10.01.1996 provides that the petitioner may be appointed as an Assistant Teacher on a fixed pay of Rs. 9000/- per month.

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As no appointment was forthcoming, the petitioner instituted WP(C) No. 4033/2002, which was given a final consideration by the order dated 16.07.2002, wherein it was provided that the petitioner shall be considered as per the existing government scheme and guidelines for appointment on compassionate ground. Subsequently, the petitioner filed another writ petition being WP(C) No.4498/2005, which was given its consideration by the order dated 10.04.2005 by which the respondents were directed to pass necessary orders on the entitlement of the petitioner as per the earlier decision in WP(C) No. 4033/2002.

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In the resultant process, the application of the petitioner was placed before the DLC of Karimganj district in its meetings dated 09.07.2009 and 12.06.2013. The DLC on both the occasions had rejected the claim without providing any reasons thereof. In the circumstances, there is a communication dated 12.10.2021 from the Director of Elementary Education, Assam that the claim of the petitioner may be placed before the concerned DLC for the redressal of his grievance. At this stage, this writ petition is instituted.

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Considering the factual background of the claim of the petitioner for compassionate appointment being raised and persisted by the petitioner from the year 1995, we direct the District Elementary Education Officer, Karimganj to place the application of the petitioner before the next available DLC for its consideration as per law. In doing so, the DLC is required to evaluate the claim

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of the petitioner on its own merit without insisting that since it is a claim from the year 1995, therefore, it does not warrant a consideration and the DLC shall also take note of the communications referred herein above.

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The writ petition is disposed of as indicated above.

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JUDGE

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Comparing Assistant

Swapnendu Bhushan Chanda v. the State of Assam and 4 Ors.

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Swapnendu Bhushan Chanda v. the State of Assam and 4 Ors.

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