Gauhati High Court
Jabid Sultan vs The State Of Assam And 4 Ors on 23 September, 2021
Page No.# 1/3
GAHC010146392021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4787/2021
JABID SULTAN
S/O LATE SADAT ALI
VILLAGE SHERPUR PART I
PO BORAIGRAM, DIST KARIMGANJ,L ASSAM 788710
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR
GUWAHATI 781006
2:THE DIRECTOR OF MADRASSA EDUCATION
KAHILIPARA
GUWAHATI 781019
3:THE DIRECTOR OF ELEMENTARY EDUCATION EDUCATION
KARIMGANJ
ASSAM
788710
4:THE DEPUTY INSPECTOR OF SCHOOLS
KARIMGANJ
ASSAM 788710
5:THE CHAIRMAN
DISTRICT LEVEL COMMITTEE (DLC) CUM DEPUTY COMMISSIONER
KARIMGANJ
ASSAM 78871
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Advocate for the Petitioner : MRS R BEGUM
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 23-09-2021
Heard Ms. S.B. Choudhury, learned counsel for the petitioner. Also
heard Mr. R. Mazumder, learned counsel for the respondents No.1, 2, 3 and
4 being the respondents in the Education Department and Mr. P. Saikia,
learned counsel for the respondent No.5 being represented by the Deputy
Commissioner, Karimganj.
2. The father of the petitioner late Sadad Ali who was working as an Assistant
Teacher in the Cheragi M.E. Madrassa, Karimganj died on harness on
02.02.2015 and on his death the petitioner being a graduate by qualification
submitted an application for compassionate appointment on 31.07.2015.
Admittedly, it appears that the said application was submitted within the
prescribed time.
3. The DLC of Karimganj district in its meeting held on 17.07.2017 rejected
the claim of the petitioner for compassionate appointment by providing as
under:-
" Sri Jabid Sultan The usual date of retirement of deceased
S/o Late Sadad Ali of the Govt. servant is
30.06.2017 and expired on 02.02.2015 and accordingly it
has been observed that the Govt. servant has not the balance
period of minimum 3 (three) years of service and accordingly
the claim has been rejected in terms of Para 1 of OM
Page No.# 3/3
dt.01.6.2015."
4. Upon going through the reasons for rejection by the DLC, it is taken note of
that as the deceased father of the petitioner did not have a balance period of
minimum three years of service at the time of his death, and therefore, it stood
rejected by invoking the provision of Office Memorandum No. ABP
50/2006/Pt/182 dated 01.06.2015 dated 01.06.2015 which provides that if there
is no balance service of the deceased of more than three years, upon his death
the compassionate appointment cannot be claimed.
5. But in an earlier judgment in WP(C) 3500/2020 (Ashraful Alom -vs- State
of Assam & Ors.,) it had been held that the relevant consideration will be the
date of the death of the deceased. Iff the date of the death of the deceased is
prior to the OM dated 01.06.2015, the compassionate appointment made on
that behalf would not be covered by the OM dated 01.06.2015 meaning thereby
that there will be no requirement of balance service of three years at the time
of death of the deceased.
6. In the instant case, we have taken note of that the father of the petitioner
died on 02.02.2015 i.e prior to the O.M dated 01.06.2015. Accordingly, following
the proposition laid down in Ashraful Alom -vs- State of Assam & Ors (supra),
we set aside the rejection of the application of the petitioner by the DLC,
Karimganj district dated 17.07.2017 and remand the matter back for a fresh
consideration to be placed before the next available DLC of Karimganj district.
Writ petition stands disposed of in the above terms.
JUDGE
Comparing Assistant
