Disposed

Tridip Ranjan Maulik v. the State of Assam and 3 Ors.

Gauhati HC23 Sept 2024WP(C)/3904/2024

Case brief

AI extract

What is this about?

Writ petition seeking compassionate appointment following mother's death-in-harness. Court found the District Level Committee failed to apply Clause-15 of O.M dated 01.06.2015 and remanded the matter for reconsideration at its next sitting.

What did the court decide?

Matter remanded to the District Level Committee to reconsider the petitioner's case in terms of Clause-15 of the O.M dated 01.06.2015 at its next immediate sitting.

Tridip Ranjan Maulik Vs the State of Assam and 3 Ors. — Service and Employment | Gauhati HC (2024)

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GAHC010152892024

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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)/3904/2024

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TRIDIP RANJAN MAULIK

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S/O- LATE KANAN BALA MANDAL, VILL.- PATALI ATI, P.O. BHARIDHOWA, DIST. NAGAON, ASSAM, PIN- 782120.

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VERSUS

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THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6.

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2:THE DIRECTOR ELEMENTARY EDUCATION DEPARTMENT ASSAM KAHILIPARA GUWAHATI-19.

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3:THE DISTRICT ELEMENTARY EDUCATION OFFICER NAGAON P.O. P.S. AND DIST. NAGAON ASSAM

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4:THE CHAIRMAN DISTRICT LEVEL COMMITTEE (FOR COMPASSIONATE APPOINTMENT) NAGAON REPRESENTED BY THE DEPUTY COMMISSIONER NAGAON P.O. AND DIST. NAGAON ASSA

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Advocate for the Petitioner : MR. Z HAMMAD,

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Advocate for the Respondent : GA, ASSAM, SC, ELEM. EDU

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BEFORE

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HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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Date : 24.09.2024

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Heard Mr. Z. Hammad, learned counsel for the petitioner. Also heard Ms. S. Chutia, learned standing counsel, Elementary Education Department for the respondent Nos. 1 to 3 and Mr. G. Pegu, learned Govt. Advocate for the respondent No.4.

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The mother of the petitioner late Kanan Bala Mondal while serving as Assistant Teacher, 1 No. Pataliati L.P. School in the district of Nagaon, died-inharness on 18.07.2015. Thereafter, the petitioner made an application for appointment on compassionate ground on 18.08.2015. The District Level Committee in its meeting held on 14.12.2016 considered the case of the petitioner. However, his case was not recommended due to want of vacancy. The District Level Committee, Nagaon again considered the case of the petitioner in its meeting held on 15.05.2017. However, his case could not be recommended due to want of adequate vacancy. Being aggrieved, petitioner is before this Court by way of the present writ petition.

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Clause-15 of the O.M dated 1^st of June, 2015, issued by the Department of Personnel (B) provides that if sufficient vacancies are not available in any particular office to accommodate the persons in the waiting list for compassionate appointment it is open to the Administrative Department/Offices to take up the matter with other Departments/Offices of the Government to

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provide an early appointment on compassionate grounds to those in the waiting list.

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A perusal of the meeting minutes dated 14.12.2016 and 15.05.2017 of the District Level Committee, Nagaon clearly indicates that the Committee failed to apply Clause-15 of the O.M dated 01.06.2015 while considering the case of the petitioner.

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Accordingly, the matter is remanded back to the concerned DLC to reconsider the case of the petitioner in terms of Clause-15 of the O.M dated 01.06.2015 in its next immediate sitting.

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

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JUDGE

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Comparing Assistant

Tridip Ranjan Maulik v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Tridip Ranjan Maulik v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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