Remanded

Faruk Ahmed v. the State of Assam and 4 Ors.

Gauhati HC21 Sept 2022WP(C)/420/2022

Case brief

AI extract

What is this about?

Petitioner seeks compassionate appointment for his father, a deceased Khalasi. The SLC rejected the recommendation based on vacancy saturation as of its own meeting date. The Court held the SLC misdirected itself by not evaluating vacancies as per the DLC's date and struck down the rejection. Matter remanded.

What did the court decide?

Rejection of compassionate appointment by SLC dated 15.09.2021 set aside; matter remanded to SLC for fresh consideration based on DLC meeting dates.

Faruk Ahmed Vs the State of Assam and 4 Ors. — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010006342022

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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)/420/2022

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FARUK AHMED

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S/O LATE MAMTAZ ALI, R/O PATRAPUR, P.O.-KENDUA, P.S.-BAIHATA CHARIALI, DIST- KAMRUP, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY, DISPUR, GUWAHATI-06

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2:THE COMMISSIONER AND SECRETYARY TO THE GOVT. OF ASSAM IRRIGATION DEPARTMENT DISPUR GUWAHATI-06

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3:THE PRINCIPAL SECRETARY BTC KOKRAJHAR ASSAM

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4:THE CHIEF ENGINEER IRRIGATION DEPARTMENT CHANDMARI GUWAHATI-03

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5:THE EXECUTIVE ENGINNER SUKLA DIVISION GORESWAR BAKSA ASSA

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Advocate for the Petitioner : MR H GUPTA

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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21.09.2022

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Heard Mr. H Gupta, learned counsel for the petitioner. Also heard Mr. CS Hazarika, learned Junior Government Advocate for the respondent No.1 being the Chief Secretary to the Government of Assam and Mr. N Upadhyaya, learned counsel for the respondents No.2 and 4 being the authorities under the Irrigation Department, Government of Assam as well as Mr. B Choudhury, learned counsel for the respondents No.3 and 5 being the authorities in the Irrigation Department of the BTC.

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The father of the petitioner Mamtaz Ali who was working as a Khalasi (Grade-IV) at Sukla Division of the Irrigation Department at Goreswar Baksa died in harness on 04.08.2016 and on his death, the petitioner submitted an application for compassionate appointment on 22.09.2016. The said application of the petitioner was given its consideration by the DLC of BTC in its meeting dated 21.12.2017. The DLC arrived at its conclusion that the total cadre strength of Khalasi in the Irrigation Department was 63 and, therefore, 5% thereof would be 4. As three candidates had already been appointed on compassionate basis, therefore, the DLC deemed it appropriate that one vacancy for compassionate appointment had remained. Having identified the vacancy, the petitioner was recommended for a post of Khalasi on compassionate ground. When the

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recommendation of the DLC was placed before the SLC in its meeting of 15.09.2021 it was rejected by providing that 5% quota had already saturated.

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We have taken note that the date of the DLC meeting was 21.12.2017, whereas the date of the SLC meeting was 15.09.2021. The legal requirement of the SLC is to consider the vacancy position as evaluated by the DLC on the date of its meeting and not when the SLC would take up the matter which in the present case is after four years. It appears that the SLC had misdirected itself and accordingly took the vacancy as on 15.09.2021, when the SLC meeting was held. In view of the infirmity and aberration of law, we set aside the rejection by the SLC in its meeting dated 15.09.2021 in respect of the claim of the petitioner who was recommended by the DLC of 21.12.2017.

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Accordingly the matter stands remanded back to the SLC for a fresh consideration of the recommendation by the DLC in its meeting of 21.12.2017 in respect of the petitioner by taking note of the vacancy position as evaluated by the DLC in its meeting of 21.12.2017.

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Writ petition stands disposed of in the above terms.

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JUDGE

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Comparing Assistant

Faruk Ahmed v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Faruk Ahmed v. the State of Assam and 4 Ors.

Case brief

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