This court rejected a writ petition seeking compassionate appointment. The petitioner's case was held devoid of merit as the District Level Committee rejected it for want of vacant 5% reserved quota and delay outside the stipulated guideline period. The petition was dismissed.
Petition rejected as devoid of merit.
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GAHC010052242022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2024/2022
NIJUMONI BORAH D/O- LATE PRAFULLA CH. BORAH R/O- KANDUNA PATHAR P.O- DEJOO TEA GARDEN P.S- NORTH LAKHIMPUR, DIST- LAKHIMPUR, ASSAM
VERSUS THE STATE OF ASSAM AND 4 ORS TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPTT., DISPUR, GHY.-06. KAMRUP (M)
2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM KAHILIPARA GHY.-19. KAMRUP (M)
3:THE DISTRICT ELEMENTARY EDUCATION OFFICER LAKHIMPUR NORTH LAKHIMPUR ASSAM 4:THE DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT
LAKHIMPUR
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ASSAM
5:THE DEPUTY COMMISSIONER LAKHIMPUR DIST- LAKHIMPUR ASSAM
Advocate for the Petitioner : MR. R P HAZARIKA
Advocate for the Respondent : SC, EDU
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
20-03-2023
Heard Mr. R.P.Hazarika, learned counsel for the petitioner and Mr. P. K. Borah, learned Standing counsel, Department of School (Elementary) Education, Assam for the respondent Nos. 1 to 3. Also heard Mr. G. Pegu, learned Government Advocate, Assam for the respondent Nos. 4 & 5.
Pursuant to the order dated 27.01.2023, Mr. Pegu, learned Government Advocate, Assam by placing a copy of the communication No. LPE.7/2023/4 dated 24.02.2023 of the Deputy Commissioner, Lakhimpur, Chairman of the District Level Committee for compassionate appointment, Lakhimpur District apprised the Court that the case of the petitioner was placed before the said DLC in its meeting held on 18.12.2013, 25.07.2014 and 24.07.2015 and the case of the petitioner for appointment on compassionate ground in its three meetings could not be considered and recommended by the said DLC due to want of vacancy of Grade-IV of 5% reserved quota.
In the meeting dated 24.07.2015, the DLC ultimately rejected the case of the petitioner for want of vacancy of 5% reserved quota for compassionate appointment under the die-in-harness scheme as the case of the petitioner crossed the stipulated time and has spent its force in terms of the Guidelines for appointment on compassionate ground.
In view of the above, this writ petition being devoid of merit, stands rejected.
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The copy of the communication dated 24.02.2023 of the Deputy Commissioner, Lakhimpur, be
kept as a part of the record.
JUDGE
Comparing Assistant
NIJUMONI BORAH D/O- LATE PRAFULLA CH. BORAH
THE STATE OF ASSAM
THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPTT.
THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM
THE DISTRICT ELEMENTARY EDUCATION OFFICER LAKHIMPUR
THE DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT LAKHIMPUR
MANASH RANJAN PATHAK
As recorded by the court registry
2 orders share this CNR
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