Disposed

Farida Parveen v. the State of Assam and 3 Ors.

Gauhati HC15 Nov 2022WP(C)/6829/2022

Case brief

AI extract

What is this about?

This writ petition sought relief for compassionate appointment for the petitioner, eldest daughter of a deceased government servant. The Court directed the Inspector of Schools to place the petitioner's case before the District Level Committee for consideration in terms of the 2015 Office Memorandum, provided she submits an application in the prescribed format.

What did the court decide?

Directed the Inspector of Schools to place the petitioner's case in the next meeting of the District Level Committee for compassionate appointment, subject to submission of a prescribed application fo

Farida Parveen Vs the State of Assam and 3… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010216162022

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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)/6829/2022

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FARIDA PARVEEN D/O- LATE FOZLUR RAHMAN MONDAL, VILL- PUB KATHURI, P.O.- TIKAMARI, DIST.- GOALPARA, ASSAM, PIN- 783129.

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VERSUS

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THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, EDUCATION DEPARTMENT (SECONDARY), DISPUR, GUWAHATI-6.

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2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19.

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3:THE INSPECTOR OF SCHOOLS

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GOALPARA DISTRICT CIRCLE GOALPARA.

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4:THE DISTRICT LEVEL COMMITTEE HEADED BY DEPUTY COMMISSIONER GOALPARA DISTRICT AT GOALPARA ASSAM

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Advocate for the Petitioner : MR. M U MAHMUD

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Advocate for the Respondent : SC, EDU

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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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15-11-2022

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Heard Mr. M. U. Mahmud, learned counsel for the petitioner and Mr. S.M.T. Chistie, learned Standing Counsel, Secondary Education Department for the respondent Nos. 1, 2 and 3. Also heard Ms. D. Das Barman, learned Government Advocate, Assam for the respondent No.4.

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2) Father of the petitioner, Fazlur Rahman Mondal was the Upper Division Assistant at Pub Kathuri High School, (erstwhile Pub Kathuri High Madrassa), a provincialised High School of the State in the District of Goalpara and he expired on 24.12.2016.

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3) Petitioner submitted that her father, at the time of his death on 24.12.2016 left behind his wife/her mother and five daughters and a son and all these seven heirs of the said deceased Fazlur Rahman Mondal were dependents on him.

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4) It is submitted that the petitioner is a Matriculate (Class X/HSLC Passed) and is the eldest daughter of said late Fazlur Rahman Mondal. To that extent, the office of the Deputy Commissioner, Goalpara on the basis of the report of the Circle Officer, Lakhipur issued a ‘Next of Kin’ Certificate of said late Fazlur Rahman Mondal on 21.01.2017.

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5) Petitioner submitted that though she submitted a representation before the Inspector of Schools, Goalpara District Circle, Goalpara on 21.01.2017, but her case for compassionate appointment under the ‘Die-in-Harness’ Scheme is yet to be considered by the District Level Committee (DLC) for compassionate appointment of

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Goalpara District.

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6) Mr. Mahmud, learned counsel appearing for the petitioners submitted that the State Government in the Finance (Establishment A) Department issued a Notification vide No.FEG.28/2017/26 dated 14.09.2017 whereby a Scheme for Compassionate Family Pension in lieu of Compassionate Appointment has been brought into force w.e.f., 01.04.2017 and as the petitioner’s case for her compassionate appointment under the ‘Die-in-Harness’ Scheme is prior to 01.04.2017, the DLC for compassionate appointment of Goalpara District should consider her case for compassionate appointment.

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7) Mrs. D. Das Barman, learned Government Advocate placed before the Court that Annexure-8 annexed to this petition by the petitioner whereby she has filed an application before the Inspector of School, Goalpara District Circle, Goalpara on 21.01.2017 for her appointment on compassionate ground on the death of her father, who died in harness on 24.12.2016 does not contain any signature, seal and approval/recommendation from the Inspector of School, Goalpara District Circle, Goalpara.

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8) By placing the Office Memorandum No.ABP.50/2006/Pt/182 dated 01.06.2015 issued by the State Government in the Personnel (B) Department of the State pertaining to appointment on compassionate ground of the dependents of State Government Employees who die in harness or retire prematurely or on being declared permanently incapacitated for service, submitted that the said OM dated 01.06.2015 is applicable for her compassionate appointment as her father expired on 24.12.2016 prior to the coming into the force of the Notification dated 14.09.2017 of the State Government in the Finance Department, noted above.

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9) However, Mrs. Barman placing the said OM dated 01.06.2015 of the Personnel (B) Department clarified that as per the provision of Clause (3) of said OM dated 01.06.2015 every eligible dependent seeking appointment under the OM should make

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an application for appointment on compassionate ground in the prescribed form will all enclosures within one year from the date of death or acceptance of retirement of the employee with consent letter of the retired employee. In case of missing Government servant, a request to grant the benefit of compassionate appointment can be considered only after a lapse of 7 years from the date of lodging an FIR with the police authorities provided that (i) the missing person is not traceable as per police report and (ii) the competent authority feels that the case is genuine.

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10) Mrs. Barman further placed the prescribed form as provided in Clause 3 of said OM dated 01.06.2015 as annexed with said OM as Annexure-I relating to Proforma Regarding Employment of Dependents of Government Servants Dying While in Service/Retired on Invalid Pension.

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11) Mrs. Barman submitted that the petitioner has not enclosed any such application along with the present petition submitting her such application before the authority concerned for her appointment on compassionate ground as provided under the said OM dated 01.06.2015.

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12) After hearing the learned counsels for the parties and considering the entire aspect of the matter, the Inspector of Schools, Goalpara District Circle, Goalpara is directed to place the case of the petitioner in the next meeting of the District Level Committee for compassionate appointment of Goalpara District, if not placed earlier for consideration of the case of the petitioner for her compassionate appointment under the ‘Die-in-Harness’ Scheme in terms of the said Office Memorandum No.ABP.50/2006/Pt/182 dated 01.06.2015 issued by the State Government in the Personnel (B) Department after making necessary verification and subject to the condition that the petitioner submitted said application for her compassionate appointment in terms of the said OM dated 01.06.2015 in the prescribed format as provided in Clause 3 of the said OM dated 01.06.2015 annexed as Annexure-I to the said OM dated 01.06.2015.

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13) Petitioner shall submit certified copy of this order before the Inspector of Schools, Goalpara District Circle, Goalpara obtaining necessary acknowledgement.

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

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JUDGE

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Comparing Assistant

Farida Parveen v. the State of Assam and 3 Ors.

Case brief

What is this about?

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Farida Parveen v. the State of Assam and 3 Ors.

Case brief

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