Saiful Islam vs The State Of Assam And 5 Ors
2023 Latest Caselaw 794 Gua

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GAHC010037562023




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

                       Case No. : WP(C)/1051/2023

         SAIFUL ISLAM
         S/O- LATE MANJIL ALI SHEIKH,
         VILLAGE- KULAMUYA CHOTO NICHINPUR,
         P.O.- MEDORTARY, P.S. FAKIRGANJ,
         DIST.- DHUBRI, PIN- 783330.

         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         TO BE REPRESENTED BY THE SPECIAL COMMISSIONER TO THE
         GOVERNMENT OF ASSAM,
         SECONDARY EDUCATION DEPARTMENT,
         DISPUR, GUWAHATI- 06.

         2:THE DIRECTOR
          SECONDARY EDUCATION
         ASSAM
          KAHILIPARA
          GUWAHATI- 19.

         3:THE DEPUTY COMMISSIONER
          DHUBRI CUM CHAIRMAN OF THE DISTRICT LEVEL COMMITTEE
          DHUBRI
          P.O.
          P.S. AND DIST.- DHUBRI
          PIN- 783324.

         4:THE INSPECTOR OF SCHOOLS
          DHUBRI DISTRICT CIRCLE
          P.O.
          P.S. AND DIST.- DHUBRI
          PIN- 783324.

         5:THE STATE LEVEL COMMITTEE
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            REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
            CUM CHAIRMAN OF STATE LEVEL COMMITTEE
            DISPUR
            GUWAHATI-06.

            6:THE DISTRICT LEVEL COMMITTEE
             DHUBRI
            TO BE REPRESENTED BY ITS CHAIRMAN ( DEPUTY COMMISSIONER
             DHUBRI)
             P.O.
             P.S. AND DIST.- DHUBRI
             PIN- 783324

Advocate for the Petitioner   : MR. K A MAZUMDER

Advocate for the Respondent : SC, SEC. EDU.

BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR

27-02-2023

Heard Mr. K.A. Mazumder, learned counsel for the petitioner. Also heard Mr. SMT Chistie, learned Standing Counsel, Secondary Education Department for Respondents no.1, 2 and 4; and Ms. D.D. Barman, learned Government Advocate, Assam for Respondents No.3, 5 and 6.

Petitioner's father late Manjil Ali Sheikh, while serving as a Grade-IV employee in Kulamuya Nichinpur High School, Dhubri, died-in-harness on 30.06.2015. The petitioner, thereafter, made an application on 8.9.2015 for his appointment on compassionate ground to any Grade-IV post. The District Level Committee in its meeting held on 28.12.2021 recommended the case of the petitioner for appointment to the post of Grade-IV in Pre.Sr/Sr. Madrassa under his parent department. The State Level Page No.# 3/3

Committee in its meeting held on 1.3.2022 rejected the case of the petitioner on the ground that the remaining service period of the deceased government employee was less than three years as he has only 2 years 6 months and one day of service before he died. It appears that the State Level Committee's recommendation was made on the basis of Clause-1 of the Office Memorandum dated 1.6.2015 issued by the Department of Personnel, Personnel(B), Government of Assam.

This Court by judgment and order dated 30.01.2023 passed in W.P.(C) No.1646 of 2021 and other batch of writ petitions has struck-down Clause- 1 of the said Office Memorandum dated 1.6.2015 on the ground that the same is violative of Article 14 of the Constitution.

In that view of the matter, the matter is remanded back to the State Level Committee to reconsider the case of the petitioner afresh in its next immediate meeting keeping in mind the judgment and order dated 30.01.2023 passed in W.P.(C) No.1646 of 2021 and other batch of writ petitions.

With the above observation and direction, this writ petition stands disposed of.

JUDGE

Comparing Assistant