Allowed

Ayesha Sultana Barbhuiya v. the State of Assam and 4 Ors.

Gauhati HC9 May 2022WP(C)/883/2022

Case brief

AI extract

What is this about?

In this writ petition, the court directed the District Elementary Education Officer to place the District Level Committee's 2012 recommendation for compassionate appointment before the Scrutiny Liaison Committee for examination against available Grade-IV vacancies.

What did the court decide?

The District Elementary Education Officer was directed to place the DLC recommendation of 30.11.2012 before the SLC for consideration against available Grade-IV vacancies.

Ayesha Sultana Barbhuiya Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010006902022

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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)/883/2022

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AYESHA SULTANA BARBHUIYA

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D/O LATE HUSSAIN AHMED BARBHUIYA, VILL- RONGPUR PART-VI, P.O.RONGPUR SOUTH, P.S.-LALA, DIST- HAILAKANDI, ASSAM, PIN-788163

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER SECRETARY TO THE GOVERNMENT OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, ASSAM, DISPUR, GUWAHATI-781006

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2:THE DIRECTOR OF ASSAM ELEMENTARY EDUCATION DEPARTMENT KAHILIPARA GUWAHATI-781019

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3:THE DEPUTY COMMISSIONER AND CHAIRMAN DISTRICT LEVEL COMMITTEE (DLC) HAILAKANDI ASSAM P.O. AND DIST- HAILAKANDI ASSAM PIN-788151

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4:THE SUB-DIVISIONAL OFFICER (SADAR) HAILAKANDI ASSAM P.O. AND DIST-HAILAKANDI ASSAM PIN-788151

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5:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO)

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Page No.# 2/3

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HAILAKANDI ASSAM P.O. AND DIST- HAILAKANDI ASSAM PIN-78815

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Advocate for the Petitioner : MR. A H ALAMGIR

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Advocate for the Respondent : SC, ELEM. EDU

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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Date : 09-05-2022

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Heard Mr. A H Alamgir, learned counsel for the petitioner. Also heard Mr. B Talukdar, learned counsel for the respondents no. 1, 2 and 5 being the authorities under the Elementary Education Department and Ms. D D Barman, learned Additional Senior Government Advocate for the respondent no. 3 being the Deputy Commissioner, Hailakandi and Sub-Divisional Officer of Hailakandi.

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The father of the petitioner Hussain Ahmed Barbhuiya who was working as a head teacher of 279 No. Nagdigram LP School in the Hailakandi district died in harness on 22.03.2010 and on his death, the petitioner submitted an application for compassionate appointment in the year 2010 itself. In the year 2010, the petitioner had the qualification of being HSLC passed and later on, in the year 2013, she passed the HSSLC examination. The application of the petitioner was placed before the DLC of Hailakandi district in its meeting of 30.11.2012 and the following order was passed in respect of the petitioner:

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“….However, the candidature of Ayesha Sultan Barbhuiya is kept in 1^st preference being a deserving candidate in the next available occurrence of vacancy of Gr.IV post in any manner.”

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A reading of the decision of the DLC of Hailakandi district in its meeting of 30.11.2012 in respect of the petitioner makes it discernable that the petitioner is kept as a first preference deserving candidate for appointment on compassionate ground against at Grade-IV post in

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respect of the next available vacancy that may occur in any manner. The said recommendation of the DLC in favour of the petitioner was never acted upon.

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Later on, the application of the petitioner again placed before the DLC in its meeting of 05.10.2021. This time, it stood rejected by providing that the petitioner was under qualified at the time of submission of application as she had passed her HS examination in the year 2013 and accordingly, it was rejected. However, the DLC in its meeting of 05.10.2021 failed to take note that the petitioner was recommended for a Grade-IV post by the DLC of 30.11.2012 and was recommended for a Grade-IV post and at the relevant point of time, the petitioner being HSLC passed, had the requisite qualification for a Grade-IV post.

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In any view of the matter, there was a requirement of the authorities to place the said recommendation of the DLC before the SLC for its consideration instead of it being again placed before the DLC in the year 2021 and reject it by providing that the petitioner did not have the required qualification. Accordingly, the recommendation of the petitioner by the DLC of 30.11.2012 be placed before the SLC for its consideration. As the norms in respect of appointment on compassionate ground is as per the norms prevailing on the date of consideration, the provision of paragraph 15 of the office memorandum dated 01.06.2015 would also be applicable.

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The District Elementary Education Officer of Hailakandi district shall place the recommendation of the DLC dated 30.11.2012 before the next available SLC for its consideration. Accordingly, the SLC may examine the recommendation of the petitioner against any available vacant post of Grade-IV to any other Department to which the petitioner may be duly qualified for.

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Writ petition stands disposed of in the above terms.

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JUDGE

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Comparing Assistant

Ayesha Sultana Barbhuiya v. the State of Assam and 4 Ors.

Case brief

What is this about?

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Ayesha Sultana Barbhuiya v. the State of Assam and 4 Ors.

Case brief

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