Ibadur Rahman Laskar vs The State Of Assam And 4 Ors
2022 Latest Caselaw 3887 Gua

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GAHC010199142022




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

                          Case No. : WP(C)/6451/2022

         IBADUR RAHMAN LASKAR
         S/O- LT. GIAS UDDIN LASKAR, VILL- SUDARSHANPUR PART-I, P.O.
         SAMARIKUNA, P.S. AND DIST.- HAILAKANDI, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, SECONDARY
         EDUCATION DEPTT., DISPUR, GHY-6

         2:THE STATE LEVEL COMMITTEE
          REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM
          DISPUR
          GHY-6

         3:THE DIRECTOR OF SECONDARY EDUCATION DEPTT.
         ASSAM
          KAHILIPARA
          GHY-19

         4:THE DISTRICT LEVEL COMMITTEE
          HAILAKANDI (FOR COMPASSIONATE APPOINTMENT) REP. BY ITS
         CHAIRMAN/DY. COMMISSIONER
          HAILAKANDI
          P.O.
          P.S. AND DIST.- HAILAKANDI
         ASSAM
          PIN- 788156

         5:THE INSPECTOR OF SCHOOLS
          HDC
          HAILAKANDI P.O.
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             P.S. AND DIST.- HAILAKANDI
             ASSAM
             PIN- 78815

Advocate for the Petitioner   : MR. A M BARBHUIYA

Advocate for the Respondent : SC, SEC. EDU.




                                   BEFORE
                       HONOURABLE MR. JUSTICE NELSON SAILO

                                         ORDER

28.09.2022

Heard Ms. A. Begum, learned counsel for the petitioner and Mr. G. Pegu, learned counsel for the respondents.

2. Ms. A. Begum submits that this is the second time the petitioner before this Court. Earlier writ petition being WP(C) No.263/2022 was disposed of, vide order dated 18.01.2022 with a direction to the respondent authorities concerned to re-consider the case of the petitioner for compassionate appointment by keeping in mind Principal 7(IV) of the judgment passed in Achyut Ranjan Das and Others vs. State of Assam and Others reported in 2006 (4) GLT 674.

3. As directed, the case of the petitioner was placed before the District Level Committee (DLC), which met on 07.05.2022. However, the DLC despite finding the petitioner eligible came to the conclusion that there were no vacancies for the cadre within 5% of the total cadre strength in the Education Department or other departments across the district and therefore, her case could not be recommended. However, the matter has been kept pending to be considered in Page No.# 3/3

the next DLC.

4. In view of above, the writ petition is disposed of with an observation that in terms of the remarks given by the DLC in it's meeting held on 07.05.2022, the case of the petitioner be considered by the next DLC and that the DLC shall also keep in mind Clause 15 of the Office Memorandum dated 01.06.2015 while considering the case of the petitioner.

JUDGE

Comparing Assistant