Dismissed

Abdur Roshid v. the State of Assam and 5 Ors.

Gauhati HC7 Nov 2022WP(C)/5181/2022

Case brief

AI extract

What is this about?

Writ petition seeking compassionate appointment for the petitioner's father who died in service. Court dismissed petition as his father had less than three years of service, rendering him ineligible under Office Memorandum dated 01.06.2015.

What did the court decide?

Writ petition dismissed; order of District Level Committee upholding rejection based on tenure criteria maintained.

Abdur Roshid Vs the State of Assam and 5 Ors. — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010157192022

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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)/5181/2022

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ABDUR ROSHID

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S/O LT. GIASH UDDIN SHEIKH,

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VILL.- HAKAMA PT. V, P.O.- HAKAMA, P.S.- BILASIPARA, DIST.- DHUBRI, ASSAM, PIN- 783348.

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VERSUS

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THE STATE OF ASSAM AND 5 ORS.

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REP. BY THE CHIEF SECRETARY -CUM- CHAIRMAN OF THE STATE LEVEL COMMITTEE, ASSAM, DISPUR, GHY- 6.

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION (ELEMENTARY) DEPARTMENT DISPUR GHY- 6.

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3:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY- 19.

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4:THE DEPUTY COMMISSIONER DHUBRI -CUM- CHAIRMAN OF DISTRICT LEVEL COMMITTEE FOR APPOINTMENT ON COMPASSIONATE GROUND DIST.- DHUBRI ASSAM PIN- 783301.

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5:THE DISTRICT ELEMENTARY EDUCATION OFFICER DHUBRI DIST.- DHUBRI

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ASSAM PIN- 783301.

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6:THE BLOCK ELEMENTARY EDUCATION OFFICER BILASIPARA EDUCATION BLOCK DIST.- DHUBRI ASSAM PIN- 783301

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Advocate for the Petitioner : MR. M U MONDAL

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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07-11-2022

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Heard Mr. A.A. Sk. learned counsel for the petitioner and Ms. D.D. Barman, learned Government Advocate, Assam for the respondent Nos. 1 & 4.

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Matter pertains to compassionate appointment under the Die-in-Harness Scheme.

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It is contended by the petitioner that his father namely, Giash Uddin Sheikh was an Assistant Teacher of 279 No. Gopigaon Lower Primary School under Bilasipara Education Block in the District of Dhubri expired on 14.10.2016 during his service tenure and that though the petitioner on 02.05.2017 applied for a Grade-III post (Assistant Teacher) on compassionate ground before the Block Elementary Education Officer, Bilasipara as well as the District Elementary Education Officer, Dhubri, but, his case for compassionate appointment under the Die-in- Harness Scheme is yet to be considered.

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Pursuant to the order dated 10.08.2022 passed earlier in this proceeding, Ms. Barman, learned Government Advocate, Assam today placed before the Court a copy of the Minutes of the Meeting of the District Level Committee for appointment on compassionate ground of Dhubri district dated 13.11.2017 that was headed by the Deputy Commissioner of said District which goes to show that the said committee though examined the application of the petitioner for appointment under the Die-inHarness Scheme on compassionate ground but the same could not be considered on the ground that

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the father of the petitioner at the time of his death on 14.10.2016 had less than 3 years of government service and in terms of the Office Memorandum No. ABP.50/2006/Pt/182 dated 01.06.2015 pertaining to appointment on compassionate ground of the dependants of the State Government employees who died-in-harness and/or retired prematurely, issued by the State Government in the Personnel (B) Department of the State that came into force immediately after issuance of the said Office Memorandum dated 01.06.2015.

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As the case of the petitioner for compassionate appointment under the Die-in-Harness Scheme in terms of the said Office Memorandum dated 01.06.2015 was duly considered by the District Level Committee, Dhubri and rejected in terms of the said Office Memorandum dated 01.06.2015, noted above, this writ petition being devoid of merit, stands dismissed.

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Ms. Barman, learned Government Advocate, Assam shall furnish a copy of the Minutes of the Meeting of the District Level Committee dated 13.11.2017, noted above, to Mr. A. A. Sk. learned counsel for the petitioner during the course of the day.

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Copy of the Minutes of the Meeting of the District Level Committee, Dhubri dated 13.11.2017 placed before the Court by Ms. D. D. Barman, learned Government Advocate, Assam today, be kept as a part of the record.

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JUDGE

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Comparing Assistant

Abdur Roshid v. the State of Assam and 5 Ors.

Case brief

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Abdur Roshid v. the State of Assam and 5 Ors.

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