Niloy Das vs The State Of Assam And 6 Ors
2023 Latest Caselaw 3463 Gua

                                                              Page No.# 1/3

GAHC010090912023




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

                         Case No. : WP(C)/2322/2023

         NILOY DAS
         S/O LATE NIRANJAN KUMAR DAS, VILL-ARENGABAD, P.O.-CHARGOLA
         BAZAR, P.S.-BADARPUR, DIST-KARIMGANJ, PIN-788720



         VERSUS

         THE STATE OF ASSAM AND 6 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR,
         GUWAHATI-781006

         2:THE DIRECTOR OF ELEMENTARY EDUCATION
         ASSAM
          KAHILIPARA
          GUWAHATI-781019

         3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
          KARIMGANJ DISTRICT
          KARIMGANJ
          PIN-788710

         4:THE DISTRICT MISSION CO-ORDINATOR
          KARIMGANJ
         ASSAM
          PIN-78871

         5:THE DEPUTY INSPECTOR OF SCHOOLS
          KARIMGANJ
          PIN-788710

         6:THE BLOCK ELEMENTARY EDUCATION OFFICER
          SOUTH KARIMGANJ EDUCATION BLOCK
                                                                      Page No.# 2/3

             KARIMGANJ
             PIN-788710

            7:THE DEPUTY COMMISSIONER
             KARIMGANJ
             -CUM- THE CHAIRMAN
             DISTRICT LEVEL COMMITTEE
             KARIMGANJ
             PIN-78871

Advocate for the Petitioner   : MRS R BEGUM

Advocate for the Respondent : SC, ELEM. EDU




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

30.08.2023

Heard Ms. SB Choudhury, learned counsel for the petitioner, Mr. Ganesh Pegu, learned counsel for the respondents in the Elementary Education Department and Mr. G Pegu, learned Additional Senior Government Advocate for the Deputy Commissioner, Karimganj.

2. The father of the petitioner Niranjan Das, who as a Head Teacher in the Jobainpur LP School in the Karimganj district, died in harness on 07.11.2016 and on his death, the petitioner submitted an application for compassionate appointment on 04.01.2017. The said application was considered by the DLC of Karimganj district in its meeting held on 17.07.2017 and was rejected by providing that the usual date of retirement of the deceased servant was 28.02.2017 and he died on 07.11.2016, meaning thereby that there was less than three years between the date of death and date of usual retirement and therefore, under Clause-1 of the Office memorandum dated 01.06.2015, the Page No.# 3/3

petitioner is not entitled to a compassionate appointment.

3. It is pointed out that by the judgment dated 30.01.2023 in WP(C) No. 1646/2021 and other writ petitions, in paragraph 17 thereof, the Clause-1 of the Office Memorandum dated 01.06.2015 had been set aside on the ground of being in violation of Article 14 of the Constitution of India.

4. As the Clause-1 of the Office Memorandum dated 01.06.2015 itself had been set aside, we are of the view that the claim of the petitioner for compassionate appointment needs to be reconsidered inasmuch as, it was earlier rejected as there was less than three years of service remaining by invoking the provision of clause-1 of the Office Memorandum dated 01.06.2015.

5. Accordingly, the rejection of the DLC of Karimganj dated 17.07.2017 is set aside and the matter is remanded back to the DLC of Karimganj for a fresh consideration. Accordingly, the case of the petitioner be now placed before the next available DLC of Karimganj district.

The writ petition is allowed to the extent as indicated above.

JUDGE

Comparing Assistant