Sk Arifuz Zaman vs The State Of Assam And 3 Ors
2023 Latest Caselaw 793 Gua

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GAHC010036092023




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

                        Case No. : WP(C)/1063/2023

         SK ARIFUZ ZAMAN
         SON OF LATE ABDUL KASHEM MIAH,
         RESIDENT OF VILLAGE- BASHMURA,
         P.O.- KATARIHARA, P.S.- LAKHIPUR,
         DISTRICT- GOALPARA, ASSAM,
         PIN- 783132.

         VERSUS

         THE STATE OF ASSAM AND 3 ORS.
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM,
         EDUCATION (ELEMENTARY) DEPARTMENT,
         DISPUR, GUWAHATI-6

         2:THE STATE LEVEL COMMITTEE ON COMPASSIONATE APPOINTMENT
         FOR ELEMENTARY EDUCATION DEPARTMENT
          REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
          DISPUR
          GUWAHATI-06.

         3:THE DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE
         APPOINTMENT
          REPRESENTED BY THE DEPUTY COMMISSIONER
          GOALPARA
          P.O.
          P.S. AND DIST.- GOALPARA
         ASSAM, PIN- 783121.

         4:THE DISTRICT ELEMENTARY EDUCATION OFFICER
          GOALPARA
          P.O.
          P.S. AND DIST.- GOALPARA
         ASSAM, PIN- 783121
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Advocate for the Petitioner   : MR. M ALI

Advocate for the Respondent : SC, ELEM. EDU

BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR

27-02-2023

Heard Mr. M. Ali, learned counsel for the petitioner. Also heard Mr. G. Pegu, learned Standing Counsel, Elementary Education Department for Respondents No.1 and 4; and Ms. D.D. Barman, learned Government Advocate, Assam for Respondents No.2 and 3.

The father of the petitioner late Abul Kashem Miah, while serving as Assistant Teacher in Dambari M.E. School in Goalpara District, died-in- harness on 6.4.2016. The petitioner, thereafter, made an application on 4.2.2017 praying for appointment on compassionate ground. The District Level Committee in its meeting held on 23.2.2018 rejected the case of the petitioner on the ground that the father of the petitioner was having less than three years of service on the date of his death. Being aggrieved, the petitioner has approached this Court.

It appears that the District Level Committee rejected the case of the petitioner on the basis of Clause-1 of the Office Memorandum dated 1.6.2015 issued by the Department of Personnel, Personnel(B), Government of Assam.

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This Court by judgment and order dated 30.01.2023 passed in W.P.(C) No.1646 of 2021 and other batch of writ petitions has struck-down Clause- 1 of the said Office Memorandum dated 1.6.2015 on the ground that the same is violative of Article 14 of the Constitution.

In that view of the matter, the matter is remanded back to the District Level Committee, Goalpara to reconsider the case of the petitioner afresh in its next immediate meeting keeping in mind the judgment and order dated 30.01.2023 passed in W.P.(C) No.1646 of 2021 and other batch of writ petitions.

With the above observation and direction, this writ petition stands disposed of.

JUDGE

Comparing Assistant