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ACHINTYA MALLA BUJOR BARUA
Abulais Abdullah Mazumder S/o Late Aminul Hoque Mazumder – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
ACHINTYA MALLA BUJOR BARUA, J.
1. Heard Mr. FA Laskar, learned counsel for the petitioner, Mr. Smt. Chisti, learned counsel for the respondent No. 2 being the authorities in the Elementary Education Department of the Government of Assam and Mr. SR Barua, learned Junior Government Advocate for the respondent No. 1 and 3 respectively being the Chief Secretary of the State of Assam and the Deputy Commissioner, Cachar.
2. The father of the petitioner who was a Librarian in the Borkhola Anwarul Ulum Madrassa in the Cachar district, died in harness on 20.02.2013 and on his death, the petitioner submitted an application for compassionate appointment on 20.06.2014. The said application was considered in the meeting of the DLC of Cachar district in its meeting of 27.11.2015 and the DLC upon verification of the vacancies available had recommended the petitioner for a post of Assistant Teacher (FM). When the said recommendation of the DLC was placed before the SLC in its meeting of 05.06.2017, it stood rejected by stating the reason that the petitioner was under-qualified for the post of Assistant Teacher (FM). Accordingly, the SLC refers the matter back to the DLC of Cachar for consi
Point of Law : An application for compassionate appointment is required to be made within a period of one year.
No further discretion is available either on the DLC or on the SLC to now take a stand that the application is not to be given its consideration because of any late submission since the date of the d....
Compassionate appointment – Delay in filing application – Matter remitted for fresh consideration.
Compassionate appointment is not a source of recruitment and cannot be claimed or offered after a lapse of time. The financial condition of the family at the time of the employee's death is a primary....
Employment and Service matter - Compassionate appointment - By causing a delay of seven years in approaching Court, petitioner cannot claim any legal right to be considered for compassionate appointm....
The ceiling of 5% of direct recruitment vacancies for making compassionate appointment should not be exceeded.
Compassionate appointment should be provided immediately to redeem the family in distress, and the financial condition of the family at the time of the death of the deceased employee is the primary c....
The court emphasized the importance of diligence and timely pursuit of rights, citing legal principles from various cases to support the decision to leave the consideration of the petitioner's applic....
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