Gauhati High Court
Syeda Nur Akhtara Begum vs The State Level Committee And 5 Ors on 13 October, 2023
Page No.# 1/4
GAHC010227892023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6078/2023
SYEDA NUR AKHTARA BEGUM
W/O- LATE ABDUL HAI,
VILL.- 1 NO. DHUHI,
P.O- DHUHI, DIST.- KAMRUP(R),
ASSAM, PIN- 781350.
VERSUS
THE STATE LEVEL COMMITTEE AND 5 ORS
REPRESENTED BY ITS CHAIRMAN,
CHIEF SECRETARY, GOVT. OF ASSAM,
DISPUR, GHY-6.
2:THE STATE OF ASSAM
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM
SCHOOL EDUCATION (ELEMENTARY) DEPARTMENT
DISPUR
GHY-6.
3:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GHY-19.
4:THE DISTRICT COMMISSIONER
KAMRUP
AMINGAON
P.O. AND DISTRICT- KAMRUP (R)
ASSAM
PIN- 781103.
Page No.# 2/4
5:THE INSPECTOR OF SCHOOLS
KDC
KAMRUP
AMINGAON
P.O. AND DISTRICT- KAMRUP(R)
ASSAM
PIN- 781103.
6:THE DISTRICT ELEMENTARY EDUCATION OFFICER
KAMRUP
AMINGAON
P.O. AND DISTRICT- KAMRUP(R)
ASSAM
PIN- 781103
Advocate for the Petitioner : MR. N HOSSAIN
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 13-10-2023
Heard N. Hossain, learned counsel for the petitioner. Also heard Mr.
Ganesh Pegu, learned counsel for the Elementary Education Department of
Government of Assam and Mr. P. Saikia, learned Junior Government Advocate
for the District Commissioner, Kamrup.
2. The husband of the petitioner Abdul Hai who was an Assistant Teacher of
Choumukha Anchalik (provincialized) MEM School in the Kamrup district died in
harness on 26.08.2012 and on his death, the petitioner submitted an application
for compassionate. The said application was considered by the DLC of Kamrup
district in its meeting dated 17.03.2022 and there is a recommendation in favour
Page No.# 3/4
of the petitioner against 10 vacant posts of Grade-IV that were available for the
period 2012-2013.
3. When the recommendation made by the DLC was placed before the SLC in
its meeting of 26.08.2022 the recommendation made in favour of the petitioner
was rejected by providing as extracted:
9 Syeda Nur DLC- Lt. Syed Abdul Wife Gr-IV As the date of ascertain, whether
Akhtara 17/03/2022 Hai minimum service period of three
(3) years was left or not to credit
of the deceased after his/her
death as per O.M. dated
ABP.50/2006/Pt/182 dated 01-06-
2015 could not be calculated due
to lack of documents, the
candidate cannot be considered
for appointment and is hence
rejected.
4. It appears that the SLC rejected on the ground that three years of balance
service was not available in respect of the deceased husband. The provisions of
the three years of balance service in the Office Memorandum dated 01.06.2015
in the meantime by the judgment dated 30.01.2023 in WP(C)/1646/2021 has
been set aside.
5. In view of the above, the matter stands remanded back to the SLC for a
fresh consideration of the recommendation made in favour of the petitioner by
taking note that three years of balance service had in the meantime been
interfered by the Court in the judgment dated 30.01.2023 in WP(C)/1646/2021,
to be placed before the next available SLC of Kamrup district.
6. It is also stated by Mr. N. Hossain, learned counsel for the petitioner that
the deceased husband has more than seven years of service left and even the
Page No.# 4/4
factual assertion of less than three years of balance service was incorrect.
7. The SLC of Kamrup to also take note of the aforesaid aspect.
Writ petition stands disposed of in the above terms.
JUDGE
Comparing Assistant
