Lutfur Rahman Choudhury vs The State Of Assam And 4 Ors
2022 Latest Caselaw 64 Gua

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GAHC010199592021




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/7122/2021

         LUTFUR RAHMAN CHOUDHURY
         S/O- LATE ABDUL JALIL CHOUDHURY
         R/O- VILLAGE NIZ VERNERPUR PART-II,
         P.O- VERNERPUR, P.S- LALA,
         DIST-HAILAKANDI
         PIN- 788163, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT
         OF ASSAM, ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GHY-06

         2:THE DIRECTOR
          OF ELEMENTARY EDUCATION
         ASSAM
          KAHILIPARA
          GUWAHATI-19

         3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
          HAILAKANDI

         PO AND PS- HAILAKANDI

         DISTRICT- HAILAKANDI
         ASSAM

         4:THE DEPUTY INSPECTOR
          OF SCHOOLS
          HAILAKANDI.
         P.O AND P.S- HAILAKANDI
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            DISTRICT- HAILAKANDI
            ASSAM

            5:THE DISTRICT LEVEL COMMITTEE
             HAILAKANDI FOR COMPASSIONATE APPOINTMENT
             REPRESENTED BY ITS CHAIRMAN
             DEPUTY COMMISSIONER HAILAKANDI.
            P.O AND P.S- HAILAKANDI
            DIST- HAILAKANDI
            ASSA

Advocate for the Petitioner   : MS. S SEAL

Advocate for the Respondent : GA, ASSAM


                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                             ORDER

Date : 05/01/2022

The claim of the petitioner for compassionate appointment was

rejected on the ground that the deceased employee had only two months 26

days of service left at the time when he died and therefore, not be entitled

for the compassionate appointment as per the Office Memorandum dated

01.06.2015.

Ms. S. Kanungo, learned counsel for the petitioner contends that the issue

had already been decided by this Court in its judgment dated 09.12.2020 in

WP(C) 3500/2020, wherein it has been held that in such cases where the death

had occurred prior to the date of the Office Memorandum, the provision thereof

would be inapplicable.

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Mr. G. Pegu, learned counsel prays for some time to examine the aforesaid

aspect.

List on 07.01.2022.

JUDGE

Comparing Assistant