Remanded

Nazir Ahmed Talukder v. the State of Assam and 5 Ors.

Gauhati HC27 Apr 2022WP(C)/961/2022

Case brief

AI extract

What is this about?

A writ petition filed regarding the rejection of a compassionate appointment claim. The Court held that while the petitioner was under-qualified for the recommended Junior Assistant post, the matter should be remanded to the District Level Committee for fresh consideration against any available vacant post in other departments where the petitioner is duly qualified.

What did the court decide?

Remanded to the DLC of Hailakandi district for fresh consideration of the claim against any available vacant post in other departments to which the petitioner is qualified.

Nazir Ahmed Talukder Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010024482022

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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)/961/2022

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NAZIR AHMED TALUKDER

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S/O. LT. HABIB ALI TALUKDER, R/O. HAILAKANDI TOWN WARD NO.2, LALA ROAD, P.O. VICHINGCHA, P.S. AND DIST. HAILAKANDI, PIN-788155, ASSAM.

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VERSUS

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THE STATE OF ASSAM AND 5 ORS

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REP. BY THE COMM. AND SPL. SECY. TO THE GOVT. OF ASSAM, PUBLIC WORKS ROADS DEPTT., DISPUR, GUWAHATI-06.

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2:THE CHIEF ENGINEER

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PWD RURAL ROAD DIVISION CHANDMARI GUWAHATI-03.

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3:THE DEPUTY COMMISSIONER

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HAILAKANDI DISTRICT CUM CHAIRMAN OF THE DISTRICT LEVEL COMMITTEE HAILAKANDI P.O. P.S. AND DIST. HAILAKANDI PIN-788151.

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4:THE EXECUTIVE ENGINEER

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PWD RURAL ROAD DIVISION HAILAKANDI P.O.

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P.S. AND DIST. HAILAKANDI PIN-788151.

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5:THE STATE LEVEL COMMITTEE (SLC)

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REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM CUM CHAIRMAN DISPUR GUWAHATI-06.

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6:THE DISTRICT LEVEL COMMITTEE (DLC)

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HAILAKANDI TO BE REP. BY ITS CHAIRMAN (DEPUTY COMMISSIONER HAILAKANDI) P.O. P.S. AND DIST.

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Advocate for the Petitioner : DR. B AHMED

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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ORDER

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27.04.2022

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Heard Mr. RA Choudhury, learned counsel for the petitioner. Also heard Mr. A Chaliha, learned counsel for the respondents No.1, 2 and 4 being the authorities under the PWD Rural Road Division and Ms. S Baruah, learned counsel for the respondent No.4, 5 and 6 being the Deputy Commissioner, Hailakandi and the Chief Secretary to the Government of Assam respectively.

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The mother of the petitioner Habib Ali Talukder who was working as a Grade IV employee in the office of the PWD, Rural Road Division Hailakandi, died in harness on 17.02.2012. On her death, the petitioner submitted an

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application for compassionate appointment on 01.03.2012. The claim of the petitioner was placed before the DLC of Hailakandi district and by the DLC resolution dated 12.11.2014, the petitioner was recommended for the post of Junior Assistant against a single vacancy for the year 2010.

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As per the order dated 22.11.2018 signed by the Secretary, PWD & Member Secretary, State Level Committee, Deputy Secretary, Finance Department, Deputy Secretary, WPT & BC Department, Secretary, Personnel Department, the recommendation made in favour of the petitioner was rejected for the reasons that firstly it was not within the 5% quota already filled up and secondly, the petitioner was under-qualified for the post to which he was recommended.

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It is stated that the petitioner has the qualification of HSSLC, whereas the required qualification for the post of Junior Assistant is graduation. From such point of view, the rejection of the claim of the petitioner by the SLC cannot be faulted with. But, however, as per paragraph 15 of the OM dated 01.06.2015, an application for compassionate appointment is also to be considered against any available vacant post in any other department to which the petitioner may be qualified for.

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Considering the above, we remand the matter back to the DLC of Hailakandi district for a fresh consideration of the claim of the petitioner for compassionate appointment to be placed before the next available DLC of Hailakandi district to consider the claim of the petitioner against any available

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vacant post in 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

Nazir Ahmed Talukder v. the State of Assam and 5 Ors.

Case brief

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Nazir Ahmed Talukder v. the State of Assam and 5 Ors.

Case brief

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