Bhabani Chetry vs The State Of Assam And 5 Ors
2023 Latest Caselaw 4369 Gua

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GAHC010134602023




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

                         Case No. : WP(C)/3601/2023

         BHABANI CHETRY
         S/O- LATE RATNA BAHADUR CHETRY,
         R/O- VILLAGE- KARIBIL NEPALI,
         P.O.- KAWNI PATHAR,
         DISTRICT- BISWANATH, ASSAM,
         PIN- 784176.



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         THROUGH-
         THE SECRETARY,
         TO THE GOVERNMENT OF ASSAM,
         SECONDARY EDUCATION DEPARTMENT,
         DISPUR, GUWAHATI- 781006.

         2:THE STATE LEVEL COMMITTEE
          REPRESENTED BY ITS CHAIRMAN CUM THE CHIEF SECRETARY

         TO THE GOVERNMENT OF ASSAM

         DISPUR
         GUWAHATI- 781006.

         3:THE DIRECTOR OF SECONDARY EDUCATION
         ASSAM
          KAHILIPARA
          GUWAHATI- 781019.

         4:THE DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE
         APPOINTMENT
          REPRESENTED BY ITS CHAIRMAN CUM THE DEPUTY COMMISSIONER
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             SONITPUR

            P.O.- TEZPUR
             DISTRICT- SONITPUR

            ASSAM
            PIN- 784001.

            5:THE DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE
            APPOINTMENT
             REPRESENTED BY ITS CHAIRMAN CUM THE DEPUTY COMMISSIONER
             BISWANATH

            P.O.- BISWANATH CHARIALI

            DISTRICT- BISWANATH
            ASSAM

            PIN- 784176.

            6:THE INSPECTOR OF SCHOOLS
             SONITPUR DISTRICT CIRCLE
            TEZPUR
             DISTRICT- SONITPUR

            ASSAM
            PIN- 784001

Advocate for the Petitioner   : MR. S C BISWAS

Advocate for the Respondent : SC, SEC. EDU.




                                         BEFORE
          HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
                                        O R D E R

16.10.2023

Heard Mr. SC Biswas, learned counsel for the petitioner, Mr. SMT Chisti, learned counsel for the respondents in the Secondary Education Department, Government of Assam and Mr. P Saikia, learned Junior Government Advocate for the Deputy Commissioner, Sonitpur, Assam.

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2. The father of the petitioner Ratna Bahadur Chetry, who was working as a Grade-IV employee in the Karibil High School in the Sonitpur district, died in harness on 16.01.2016 and on his death, the petitioner submitted another application for compassionate appointment on 10.06.2016. The said application was placed before the DLC of Sonitpur district in its meeting dated 28.06.2017, but was rejected by providing that the deceased employee did not have the balance service of three years as required under Clause-1 of the Office Memorandum dated 01.06.2015.

3. We take note that by the judgment dated 30.01.2023 in WP(C) No. 1646/2021, Clause-1 of the Office Memorandum dated 01.06.2015 had been set aside, meaning thereby that there is no requirement of balance of three years of service.

4. In view of the above, the rejection of the DLC by the order dated 28.06.2017 is set aside and the matter is remanded back to be placed again before the next available DLC of Sonitpur district for a fresh consideration of the case of the petitioner as per law.

The writ petition is disposed of as indicated above.

JUDGE

Comparing Assistant