Disposed

Nitul Malakar v. the State of Assam and 6 Ors.

Gauhati HC3 Mar 2024WP(C)/1221/2024

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition filed by the son of a deceased Section Assistant. The court directed the concerned District Level Committee to consider the case for compassionate appointment in its next immediate sitting and to communicate the outcome forthwith if already considered.

What did the court decide?

Writ petition disposed of directing the concerned DLC to consider the petitioner's case for compassionate appointment in its next immediate sitting.

Nitul Malakar Vs the State of Assam and 6 Ors. — Service and Employment | Gauhati HC (2024)

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GAHC010041702024

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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)/1221/2024

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NITUL MALAKAR S/O LATE MAHENDRA MALAKAR

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RESIDENT OF VILLAGE BARBALISITHA, PO AND PS KHOIRABARI DIST UDALGURI, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 6 ORS

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REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT ASSAM SECRETARIATE, DISPUR GUWAHATI , ASSAM 781006

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2:THE ADDITIONAL CHIEF ENGINEER (OHE) CUM DIRECTOR PHED BTAD KOKRAJHAR ASSAM

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3:THE EXECUTIVE ENGINEER (PHE) TANGLA DIVISION TANGLA DIST UDALGURI ASSAM

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4:THE PRINCIPAL SECRETARY BODOLAND TERRITORIAL COUNCIL KOKRAJHAR ASSAM

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5:THE DISTRICT COMMISSIONER

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UDALGURI ASSAM

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6:THE STATE LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT REPRESENTED BY ITS CHAIRMAN THE CHIEF SECRETARY TO THE GOVT. OF ASSAM ASSAM SECRETARIATE DISPUR

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GUWAHATI ASSAM 781006

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7:THE DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT BODOLAND TERRITORIAL COUNCIL REPRESENTED BY ITS PRINCIPAL SECRETARY BODOLAND TERRITORIAL COUNCIL. KOKRAJHAR ASSA

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Advocate for the Petitioner : MR SAURADEEP DEY

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR O R D E R

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04.03.2024

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Heard Mr. S. Dey, learned counsel for the petitioner. Also heard Mrs. M. Kalita, learned Standing Counsel, PHE for respondent No.1; Mr. S. Borah, learned Standing Counsel, BTC for respondent Nos.2, 3, 4 and 7 and Ms. A. Talukdar, learned Government Advocate, Assam for respondent Nos.5 and 6.

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2. The father of the petitioner, late Mahendra Malakar, while serving as Section Assistant at Tangla PHE Division under Undalguri district, died-in-harness on 06.04.2013. Thereafter, the petitioner made an application for appointment on compassionate ground on 28.07.2013. The Executive Member, BTC also recommended the case of the petitioner on 13.08.2013. The application of the petitioner was forwarded to the Principal Secretary, BTC, Kokrajhar by the Executive Engineer, PHE, Tangla Division on 20.09.2013.

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3. The petitioner is aggrieved as his case is yet to be considered by the concerned DLC till date.

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4. Considering the short issue involved, this writ petition is disposed of directing the concerned DLC to consider the case of the petitioner for appointment on compassionate

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ground in its next immediate sitting. However, if the case of the petitioner has already been considered, the outcome of such consideration shall be communicated to the petitioner forthwith.

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

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JUDGE

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Comparing Assistant

Nitul Malakar v. the State of Assam and 6 Ors.

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Nitul Malakar v. the State of Assam and 6 Ors.

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