Gauhati High Court
Niloy Das vs The State Of Assam And 6 Ors on 9 May, 2023
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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
KARIMGANJ
PIN-788710
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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
Linked Case : WP(C)/2288/2023
MD. ABDUL AHAD
S/O- LATE ABDUL MAJID
VILL- TELIDIGIRPAR
P.O.- MARJATKANDI
P.S.- BADARPUR
DIST.- KARIMGANJ
ASSAM
PIN- 788710.
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
ELEMENTARY EDUCATION DEPARTMENT
DISPUR
GUWAHATI-6.
2:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI- 781019.
3:THE DISTRICT ELEMENTARY EDUCATION OFFICER
KARIMGANJ DISTRICT
PIN- 788710.
4:THE BLOCK ELEMENTARY EDUCATION OFFICER
BADARPUR EDUCATION BLOCK
KARIMGANJ
PIN- 788710.
5:THE DEPUTY INSPECTOR OF SCHOOLS
KARIMGANJ
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PIN- 788710.
6:THE DEPUTY COMMISSIONER
KARIMGANJ-CUM- THE DISTRICT LEVEL COMMITTEE
KARIMGANJ
PIN- 788710.
------------
Advocate for : MRS R BEGUM
Advocate for : SC
ELEM. EDU appearing for THE STATE OF ASSAM AND 5 ORS
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
09/05/2023
Heard Ms. S B Choudhury, learned counsel for the petitioner and Mr. B Kaushik, learned
Standing counsel, Department of School Education.
2. Both the writ petitions relate to claim for compassionate appointment under the Die-in-
Harness Scheme of the State.
3. Complying with the provisions of Clause (1) of the Office Memorandum No.
ABP.50/2006/Pt/182 dated 01.06.2015 of the State Government in the Department of Personal (B) as
the concerned Government employees, who died-in-harness had less than minimum of 3 years of
service left in their service career, such claim of the petitioners for their compassionate appointment
under the Die-in-Harness Scheme was rejected by the concerned District Scrutiny Committees.
4. Some of the petitioners by filing different writ petitions have approached this Court
challenging such decisions of the District Scrutiny Committees as well as the State Level Committee in
rejecting the case of the applicants for compassionate appointment under said Clause (1) of the O.M.
dated 01.06.2015.
5. The Court by its common judgment & order dated 30.01.2023 passed in WP(C) No.
1646/2021 (Bhaskar Konwar Vs. State of Assam and 4 Ors .) and other connected cases struck down
the said Clause (1) of the said O.M. dated 01.06.2015 pertaining to the requirement of balance of
minimum of 3 years of service of the concerned Government employee, who died-in-harness being
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unconstitutional and further, disposed of those writ petitions pending before the Court challenging the
decision of the District Scrutiny Committees/State Level Committee rejecting the claim for
compassionate appointment under the Die-in-Harness Scheme as the concerned deceased
Government employee, who had less than 3 years of service left in his/her service career directing the
authorities concerned to place the case of those petitioners before the DSC or SLC for compassionate
appointment in their next meeting, as the case may be, for necessary consideration.
6. After the said common judgment & order dated 30.01.2023, noted above, the petitioners
herein have now filed these writ petitions challenging the rejection of the concerned District Scrutiny
Committees rejecting their claim for compassionate appointment on the ground of said Clause (1) of
the O.M. dated 01.06.2015, noted above.
7. Said common judgment & order dated 30.01.2023 passed in WP(C) No. 1646/2021 and other
connected cases, noted above, however, is silent as to whether the said judgment & order will have
any retrospective effect or not as otherwise, said judgment & order dated 30.01.2023 needs to be
considered as prospective in nature.
8. On the next date fixed, both the petitioners and the respondents shall apprise the Court as to
whether the judgment & order dated 30.01.2023 passed in WP(C) No. 1646/2021 and other
connected cases will have any retrospective effect or not and as to whether those cases which have
already been decided in negative by the District Scrutiny Committees/State Level Committee as the
case may be for compassionate appointment against which the claimants/applicants did not raise any
grievance earlier but filed fresh petitions shall be maintainable or not, being fence-sitters.
9. List these matters on 24.05.2023.
JUDGE
Comparing Assistant
