Remanded

Junu Gogoi v. the State of Assam and 6 Ors.

Gauhati HC9 Jun 2023WP(C)/3277/2023

Case brief

AI extract

What is this about?

The petitioner, wife of a deceased Assistant Teacher, sought compassionate appointment. The District Level Committee rejected her case due to lack of vacancies in her department. The Court held the Committee failed to consider Clause 15 of an Office Memorandum regarding inter-departmental transfers.

What did the court decide?

The writ petition is disposed of by remanding the case to the concerned District Level Committee to reconsider the petitioner's appointment by applying Clause 15 of the Office Memorandum dated 01.06.2

Junu Gogoi Vs the State of Assam and 6 Ors. — Pension and Retirement Benefits | Gauhati HC (2023)

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GAHC010110822023

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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)/3277/2023

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JUNU GOGOI

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W/O- LATE PRIYA NATH GOGOI, R/O- VILL- MAJ LONGPATIA, P.O. LONGPATIA, P.S. SONARI, IN THE DIST. OF CHARAIDEO, ASSAM, PIN785691

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VERSUS

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THE STATE OF ASSAM AND 6 ORS REP. BY THE CHIEF SECRETARY-CUM-CHAIRMAN, STATE LEVEL COMMITTEE, GOVT. OF ASSAM, DISPUR, GHY-06

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2:THE COMM. AND SECY. GOVT. OF ASSAM EDUCATION (ELEMENTARY) DEPTT. DISPUR GHY-06

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3:THE DIRECTOR ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-781019 IN THE DISTRICT OF KAMRUP (METRO) ASSAM

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4:THE DEPUTY COMMISSIONER-CUM-CHAIRMAN DISTRICT LEVEL COMMITTEE SIVASAGAR DISTRICT ASSAM PIN- 785640

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5:THE DEPUTY COMMISSIONER

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CHARAIDEO DISTRICT ASSAM PIN- 785690 6:THE DISTRICT ELEMENTARY EDUCATION OFFICER SIVASAGAR DISTRICT ASSAM PIN- 785640 7:THE DEPUTY INSPECTOR OF SCHOOLS CHARAIDEO SONARI PIN- 78569

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Advocate for the Petitioner : MR. M KALITA

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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Date : 09.06.2023

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Heard Mr. M.Kalita, learned counsel for the petitioner. Also heard Mr. G.Bokolial, learned Govt. Advocate for the respondent Nos. 1, 4 and 5 and Ms. N.Phukan, learned standing counsel, Elementary Education for the respondent Nos. 2, 3, 6 and 7.

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The husband of the petitioner Late Priya Nath Gogoi while serving as Assistant Teacher of Nagajan L.P. School, died-in-harness on 22.01.2016. The petitioner thereafter made an application for appointment on compassionate grounds on 09.03.2016. The case of the petitioner was considered by the District Level Committee in its meeting held on 16.05.2017 and rejected the case of the petitioner due to non-availability of vacancy of Grade-IV employee

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as per the norms i.e. 5% reservation for appointment on compassionate grounds. Being aggrieved, the petitioner is before this Court.

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Clause-15 of the Office Memorandum dated 1^st June, issued by the Department of Personnel, Personnel(B), Government of Assam provides that if sufficient vacancies are not available in a particular office to accommodate the persons in the waiting list for compassionate appointment, it is upon to the Administrative Department/Office to take up the matter with other Departments/Offices of the Government to provide an early appointment on compassionate grounds to those in the waiting list.

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It appears that the DLC while considering the case of the petitioner did not take into consideration Clause 15 of the OM dated 01.06.2015.

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Accordingly, the matter is remanded back to the concerned District Level committee to reconsider the case of the petitioner by applying Clause-15 of the Office Memorandum dated 01.06.2015 in its next immediate sitting.

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

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JUDGE

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Comparing Assistant

Junu Gogoi v. the State of Assam and 6 Ors.

Case brief

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Junu Gogoi v. the State of Assam and 6 Ors.

Case brief

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