Disposed

Dharani Medhi v. the State of Assam and 4 Ors.

Gauhati HC4 Nov 2022WP(C)/6289/2022

Case brief

AI extract

What is this about?

The Gauhati High Court held that since the scheme for compassionate appointment was abolished and replaced with the compassionate family pension scheme via a 2017 notification, no appointment can be made. The petitioner was directed to file a representation for family pension.

What did the court decide?

Petitioner directed to file representation for compassionate family pension within two weeks; authorities to decide within two months.

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

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Page No.# 1/3

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GAHC010185892022

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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)/6289/2022

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DHARANI MEDHI

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S/O LATE GIRISH MEDHI, VILL-AOHATA, P.O. AND P.S.-SALBARI, DISTBAKSA, ASSAM, PIN-781318

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VERSUS

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THE STATE OF ASSAM AND 4 ORS.

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION DEPARTMENT (SECONDARY), DISPUR, GUWAHATI-06

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2:THE BODOLAND TERRITORIAL COUNCIL BAKSA BTR ASSAM REPRESENTED BY ITS SECRETARY

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3:THE DIRECTOR OF EDUCATION BTR BAKSA ASSAM

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4:THE INSPECTOR OF SCHOOLS BAKSA MUSHALPUR

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5:THE DISTRICT LEVEL COMMITTEE HEADED BY DEPUTY COMMISSIONER BAKSA AT MUSHALPUR DIST-BAKSA (BTR) ASSA

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Advocate for the Petitioner : MR. M U MAHMUD

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Advocate for the Respondent : SC, SEC. EDU.

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BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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04-11-2022

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Heard Mr. M.U. Mahmud, learned counsel for the petitioner. Also heard Mr. SMT Chistie, learned standing counsel, Secondary Education Department, representing the respondent No. 1 as well as Mr. R.K. Musahary, learned standing counsel, BTC, for respondent Nos. 2, 3 and 4 Mr. S.R. Baruah, learned Government Advocate, appearing on behalf of the respondent No. 5.

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By this writ petition, the petitioner is praying for appointment on compassionate ground inasmuch as his father, who was serving as Grade-IV employee at Santi Mandir High School, died-in-harness on 15-03-2021.

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Mr. Musahary, learned standing counsel, BTC, however submits that the scheme for compassionate appointment has been abolished and by Notification dated 14-09-2017, the Government of Assam, Finance (Estt-A) Department has introduced the scheme for compassionate Family Pension in lieu of Compassionate Appointment.

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Considering the submission made by the learned standing counsel for the BTC, this Court is of the considered opinion that no compassionate appointment can be given to the petitioner in view of the Notification dated 14-09-2017. However, the petitioner is directed to make a representation before the concerned authority praying for compassionate family pension in terms of the

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Notification dated 14-09-2017, within a period of two weeks from today. Thereafter the concerned authority shall consider the representation filed by the petitioner and if the petitioner is found eligible, the same shall be granted to the petitioner in accordance with the prevailing rules. Let such exercise be completed within a period of two months from the date of receipt of the representation.

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With the above observations and directions this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Dharani Medhi v. the State of Assam and 4 Ors.

Case brief

What is this about?

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Dharani Medhi v. the State of Assam and 4 Ors.

Case brief

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