Disposed

Rajib Kumar Roy v. the State of Assam and 5 Ors.

Gauhati HC16 Nov 2022WP(C)/4329/2022

Case brief

AI extract

What is this about?

Petitioner sought compassionate appointment after his father, an Assistant Teacher, died in harness. Court found previous rejection due to incomplete information. Court directed re-submission per existing Office Memorandum within one year of death for reconsideration.

What did the court decide?

Petitioner directed to submit complete application within one year for reconsideration of compassionate appointment.

Rajib Kumar Roy Vs the State of Assam and 5… — Pension and Retirement Benefits | Gauhati HC (2022)

¶1

Page No.# 1/3

¶2

GAHC010122052022

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : WP(C)/4329/2022

¶5

RAJIB KUMAR ROY

¶6

S/O LATE SAILESH KR. ROY, VILL-KALDOBA PT-II, P.O. AND P.S.AGOMANI, DIST-DHUBRI (ASSAM), PIN-783335

¶7

VERSUS

¶8

THE STATE OF ASSAM AND 5 ORS THROUGH THE COMMISSIONER AND SECRETARY (ELEMENTARY EDUCATION), EDUCATION DEPARTMENT, DISPUR, PIN-781006

¶9

2:THE STATE LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT REPRESENTED BY ITS CHAIRMAN THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR

¶10

GHY-6

¶11

3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA

¶12

GHY-19

¶13

4:THE DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT DHUBRI REPRESENTED BY ITS CHAIRMAN THE DEPUTY COMMISSIONER DHUBRI (ASSAM) PIN-783301

¶14

5:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI P.O. AND P.S.-DHUBRI DIST-DHUBRI (ASSAM) PIN-783301

¶15

Page No.# 2/3

¶16

6:THE BLOCK ELEMENTARY EDUCATION OFFICER AGOMANI P.O. AND P.S.-AGOMANI DIST-DHUBRI (ASSAM) PIN-78333

¶17

Advocate for the Petitioner : MR. A DAS Advocate for the Respondent : SC, ELEM. EDU

¶18

BEFORE

¶19

HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

¶20

ORDER

¶21

16-11-2022

¶22

Heard Mr. A. Das, learned counsel for the petitioner and Mr. P. K. Borah, learned Standing counsel, Elementary Education Department for the respondent Nos. 1, 3, 5 & 6. Also heard Mr. G. Pegu, learned Government Advocate, Assam for the respondent Nos. 2 & 4.

¶23

2. The father of the petitioner, Sailesh Chandra Roy was an Assistant Teacher of 2088 No. Suparikuti Lower Primary School, a provincialised School under Agomani Education Block of Dhubri District who died-in-harness on 15.12.2016. Said Sailesh Chandra Roy, an Assistant Teacher of 2088 No. SupariKuti Lower Primary School at the time of his death on 15.12.2016 left behind his wife, i.e., mother of the petitioner, three sons including himself and one daughter.

¶24

3. To that extent, on the basis of the report of the Circle Officer, Agomani, the office of the Deputy Commissioner, Dhubri on 01.02.2017 issued the “Next of Kin Certificate” of said Sailesh Chandra Roy.

¶25

4. Petitioner being the second son of the deceased and passed Sanskrit Pravesika Examination from the Assam Sanskrit Broad, Guwahati in the year 2014, applied for his appointment on compassionate ground before the District Elementary Education Officer, Dhubri on 06.02.2017 that was forwarded by the Block Elementary Education Officer, Agamoni on 13.02.2017.

¶26

5. As the petitioner was not aware of as to whether his case for compassionate appointment was considered by the District Level Committee for compassionate appointment, Dhubri or not, he preferred this writ petition on 17.06.2022 praying for a direction to the respondents authorities to appoint him as a Grade-IV employee on compassionate ground under the Elementary Education Department of the State by placing his case before the said DLC, Dhubri.

¶27

Page No.# 3/3

¶28

6. Pursuant to the direction issued in this proceeding, Mr. Pegu, learned Government Advocate, Assam placed before the Court a copy of the Minutes of the meeting of the DLC for compassionate appointment, Dhubri held on 10.04.2017 which goes to show that the case of the petitioner Rajib Kumar Roy, son of late Sailesh Chandra Roy was placed before the said committee for consideration of his case for compassionate appointment, but the said committee could not consider his case due to incomplete information.

¶29

7. In supersession of all other Office Memorandum(s)/Notification(s) regarding compassionate appointment of the dependants of Stale Government employees who die in harness or retire prematurely on being declared permanently incapacitated for service, the State Government in the Personnel (B) Department have issued an Office Memorandum vide No. ABP.50/2006/Pt/182 dated 01.06.2015 which is in force for those cases where the Government employees died-in-harness upto 31.12.2016 till the coming of the Notification No. FEG/28/2017/26 dated 14.09.2017 issued by the Finance (Establishment-A) Department of the State giving effect of the same from 01.04.2017.

¶30

8. As the father of the petitioner expired on 15.12.2016, he was required to submit his appeal for compassionate appointment within one year from the date of death of his father with all enclosures as per the Format given in the said OM dated 01.06.2015 issued by the Personnel (B) Department of the State.

¶31

9. Petitioner shall submit all the relevant instructions as specified in the said OM dated 01.06.2015 as per the format given therein through the Block Elementary Education Officer, Agomani and the Deputy Inspector of Schools, Dhubri before the District Elementary Education Officer, Dhubri forthwith along with a certified copy of this order, obtaining necessary acknowledgment for reconsideration of his case for compassionate appointment.

¶32

10. With the above observation and direction, this writ petition stands disposed of.

¶33

JUDGE

¶34

Comparing Assistant

Rajib Kumar Roy v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Rajib Kumar Roy v. the State of Assam and 5 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

Similar cases

Farida Parveen Vs the State of Assam and 3 Ors.

Nuralom Sk Vs the State of Assam and 9 Ors.

Md. Abdul Mannan Bepari Vs the State of Assam and 5 Ors.

Shashanka Roy and 28 Ors. Vs the State of Assam and 3 Ors.

Sidhiram Bordoloi Vs the State of Assam and 6 Ors.

Shashanka Roy and 28 Ors. Vs the State of Assam and 4 Ors.