Partly allowed

Afzala Khanam Choudhury v. the State of Assam and 3 Ors.

Gauhati HC3 Jun 2022WP(C)/5312/2019

Case brief

AI extract

What is this about?

The Gauhati High Court partly allowed a writ petition seeking compassionate appointment after admitting that vacancies existed but were withheld due to a related litigated matter. The court directed an SLC meeting to consider the petitioner alongside similarly situated persons for the third vacant post.

What did the court decide?

Direction to place petitioner's case before next SLC meeting for consideration with other similarly situated persons for the third vacant post.

Afzala Khanam Choudhury Vs the State of Assam… — Labour and Industrial Disputes | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010173612019

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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)/5312/2019

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AFZALA KHANAM CHOUDHURY

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W/O- LT. ALTAF HUSSAIN CHOUDHURY, R/O. JOYKRISHNAPUR, P.O. RONGPUR SOUTH, DIST. HAILAKANDI, PIN- 788163, ASSAM.

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VERSUS

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THE STATE OF ASSAM AND 3 ORS. REP. BY THE PANCHAYAT AND RURAL DEVELOPMENT DEPTT., DISPUR, GUWAHATI-6.

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

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GHY.-06.

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3:THE DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT REP. BY THE DEPUTY COMMISSIONER KARIMGANJ ASSAM.

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4:THE BLOCK DEVELOPMENT OFFICER SOUTH KARIMGANJ DEVELOPMENT BLOCK

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Advocate for the Petitioner : MR. M DUTTA

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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ORDER

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Date : 03.06.2022

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Heard Mr. M. Dutta, learned counsel for the petitioner, Mr. S. Dutta, learned standing counsel for the P&RD Department appearing for respondent nos. 1 and 4 and Ms. S. Baruah, learned Govt. advocate appearing for respondent nos. 2 and 3.

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The case of the petitioner is that her husband had died on 28.04.2016 and on 25.05.2016, she had applied for appointment on compassionate ground. On 17.07.2017, the name of the petitioner was recommended by the District Level Committee (SLC) for Compassionate Appointment to consider her for appointment in a Grade-III post. Thereafter, the Deputy Commissioner, Karimganj, by a corrigendum dated 18.02.2018, provided that the name of the petitioner was to be considered against Grade-IV post instead of Grade-III post.

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It is projected that at the said point of time, three vacancies were available for being filled up by way of compassionate appointment. The matter was thereafter, taken up by the State Level Committee (SLC) for Compassionate Appointment on 14.04.2019, and the candidature of the petitioner was rejected on the ground that vacancy was not available during 2016-17, despite mentioned having been made at internal page 4 of the SLC minutes dated 15.02.2019, that three Grade-IV post were available and vacant at the office of the Commissioner, P&RD Department, Assam.

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From the stand taken by the Secretary to the Govt. of Assam, P&RD Department in additional affidavit filed by the respondent no.1 on 07.03.2022, it is seen that the said authorities have admitted the availability of the three

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vacancies. However, it was stated that the said post was not filled up because of the pendency of WP(C) 3657/2019 (Pipul Ahmed Vs. The State of Assam & 3 Ors.).

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Having noticed that one post which is available for being filled up for appointment on the compassionate ground, being a Grade-IV post in the establishment of the Commissioner, P&RD Department, Assam and the said post has been earmarked for filing up pursuant to decision of this Court in WP(C) 3657/2019, the Court is inclined to partly allow this writ petition with a direction that the case of the petitioner be also placed before the next SLC meeting for appointment of compassionate ground for consideration of the case of the petitioner along with the other similarly situated persons who might have filed a writ petition for claiming appointment on compassionate ground for the said third vacant post, by strictly following the criteria laid down for appointment on compassionate ground.

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This writ petition is partly allowed to the extent as indicated above.

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JUDGE

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Comparing Assistant

Afzala Khanam Choudhury v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Afzala Khanam Choudhury v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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