Kuhima Kuli vs The State Of Assam And 3 Ors
2023 Latest Caselaw 2455 Gua

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GAHC010122572023




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

                         Case No. : WP(C)/3271/2023

         KUHIMA KULI
         S/O- LATE MONIRAM KULI,
         R/O- KULAJAN GAON,
         P.O.- KULAJAN TINIALI,
         P.S.- SILAPATHAR,
         DIST.- DHEMAJI, ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 3 ORS
         REPRESENTED BY COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM,
         ELEMENTARY EDUCATION DEPARTMENT,
         SACHIVALAYA, DISPUR, ASSAM- 781006.

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

         3:THE DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE
         APPOINTMENT
          REPRESENTED HEREIN BY THE DEPUTY COMMISSIONER
          DHEMAJI

         ASSAM
         787057.

         4:THE STATE LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT
          REPRESENTED HEREIN BY THE CHIEF SECRETARY TO THE GOVT. OF
         ASSAM
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            SACHIVALAYA
            DISPUR
            GUWAHATI-06

Advocate for the Petitioner   : MR. D GOGOI

Advocate for the Respondent : SC, ELEM. EDU




                                   BEFORE
                  HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

                                         ORDER

Date : 09.06.2023

Heard Mr. D.Gogoi, learned counsel for the petitioner. Also heard Mr. G.Pegu, learned standing counsel, Elementary Education for the respondent Nos. 1 and 2 and Mr. G.Pegu, learned Govt. Advocate appears for the respondent Nos. 3 and 4.

2. The father of the petitioner Late Moniram Kuli while serving as a Head Master at No.9 Vekeli Pamuwa L.P. School, died-in-harness on 01.12.2016. Thereafter, the petitioner being eligible made an application for appointment on compassionate grounds within the prescribed period. The case of the petitioner was considered by the concerned District Level Committee in its meeting held on 11.02.2022 and recommended the case of the petitioner for appointment on compassionate grounds.

3. The State Level Committee in its meeting held on 26.08.2022, rejected the case of the petitioner on the ground that the deceased government employee did not have minimum service of 3 years left to his credit after his death as per Page No.# 3/3

the Office Memorandum dated 01.06.2015.

4. Clause-1 of the Office Memorandum dated 01.06.2015 has been struck down by this Court by judgment and order dated 30.01.2023, passed in WP(C)/1646/2021 and other batch of writ petitions on the ground that it violates Article 14 of the Constitutions of India.

5. In that view of the matter, the matter is again remanded back to the State Level committee to reconsider the case of the petitioner particularly taking into consideration that Clause-1 of the Officer Memorandum dated 01.06.2015 has already been struck down by the Court. The consideration of the case of the petitioner shall be considered by the State Level Committee in its next immediate sitting.

Consequently the minutes of the State Level Committee meeting held on 26.08.2022 is set aside and quashed in so far as the case of the petitioner is concerned.

6. With the above observations and directions, this writ petition is disposed of.

JUDGE

Comparing Assistant