Gauhati High Court
Dipankar Das vs The State Of Assam And 5 Ors on 15 February, 2022
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GAHC010024282022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/927/2022
DIPANKAR DAS
S/O LT. BHUPEN CHANDRA DAS
R/O VILL- KHUTABARI, P.O. BAGDABA, P.S. DHUPTHORA, DIST.
GOALPARA, ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS
REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM AND
CHAIRMAN OF THE STATE LEVEL COMMITTEE, DISPUR, GUWAHATI-
781005, ASSAM
2:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
ELEMENTARY EDUCATION DEPARTMENT
DISPUR
GUWAHATI-781005
ASSAM
3:THE DIRECTOR
ELEMENTARY ELEMENTARY EDUCATION DEPARTMENT
KAHILIPARA
GUWAHATI-781019
ASSAM
4:THE DEPUTY COMMISSIONER
GOALPARA DISTRICT AND CHAIRMAN OF THE DLC
GOALPARA
ASSAM
5:THE DISTRICT ELEMENTARY EDUCATION OFFICER
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P.O. GOALPARA
DIST. GOALPARA
ASSAM
6:THE DISTRICT LEVEL SELECTION COMMITTEE FOR COMPASSIONATE
APPOINTMENT
P.O. GOALPARA
DIST. GOALPARA
ASSA
Advocate for the Petitioner : MR. S SAHU
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
JUDGMENT
Date : 15/02/2022
Heard Mr. S. Sahu, learned counsel for the petitioner. Also heard Mr.
S.R. Barua, learned counsel for the respondents No.1, 4 and 6 being the
Chief Secretary and Deputy Commissioner, Goalpara respectively and Ms. K.
Das, learned counsel for the respondents No.2, 3 and 5 being the authorities
under the Elementary Education Department of the Govt. of Assam.
2. The petitioner earlier instituted WP(C) 8027/2004 which was given a final
consideration by the order dated 06.12.2004. In the order dated 06.12.2004 it
was recorded that the petitioner who is the son of a deceased government
servant made an application before the Deputy Inspector of Schools of Goalpara
district claiming appointment on compassionate appointment. A reading of the
said judicial order dated 06.12.2004 makes it discernible that atleast as on
06.12.2004 there was an application submitted by the petitioner for
compassionate appointment. Accordingly, as required by the order dated
06.12.2004 the claim of the petitioner was placed before the DLC of Goalpara
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district in its meeting held on 30.01.2014. By the resolution thereof, it was
rejected on the ground that the petitioner had submitted the claim after the
schedule period before the DLC and further the DLC takes note of the date of
submission of the application to be 09.11.2012. Accordingly, we will have to
understand that the DLC was of the view that the application was submitted on
09.11.2012 and accordingly rejected on the ground of late submission. But we
cannot be oblivious to the fact recorded judicially in the order dated 06.12.2004
that as on the said date there was an application of the petitioner which was
already submitted. If the petitioner had submitted an application on or before
06.12.2004, in such event the recording by the DLC that the application is dated
09.11.2012 and accordingly rejected it on the ground of late submission would
be unsustainable.
3. Accordingly the matter stands remanded back to the DLC of Goalpara
district for a fresh consideration by taking note that there is a judicial
recognition that there was an application by the petitioner which was submitted
on or prior to 06.12.2004 and accordingly pass a reasoned order thereof. We
also take note of the communication dated 12.08.2003 of the Director of
Elementary Education, Assam which refers to an application of the petitioner for
compassionate appointment. The DLC to also take note of the same.
4. Writ petition stands allowed as indicated above.
JUDGE
Comparing Assistant
