Gauhati High Court
Pankaj Phukan vs The State Of Assam And 6 Ors on 17 May, 2023
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GAHC010065772023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2648/2023
PANKAJ PHUKAN
S/O- LATE DAMBARU PHUKAN,
R/O VILLAGE SAFRAI MOHAN GAON,
P.O- MON MOHAN,
P.S- SONARI,
DIST- CHARAIDEO, ASSAM, PIN-785689
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE CHIEF SECRETARY CUM CHAIRMAN, STATE
LEVEL COMMITTEE, GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-6.
2:THE COMMISSIONER AND SECRETARY
TO THE GOVERNMENT OF ASSAM
ELEMENTARY EDUCATION DEPARTMENT
DISPUR
GUWAHATI-6.
3:THE DIRECTOR OF ELEMENTARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19
KAMRUP (M)
ASSAM
4:THE DEPUTY COMMISSIONER
CUM CHAIRMAN
DISTRICT LEVEL COMMITTEE
DIST- SIVSAGAR
ASSAM
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PIN-785640
5:THE DEPUTY COMMISSIONER
CUM CHAIRMAN
DISTRICT LEVEL COMMITTEE
DIST- CHARAIDEO
ASSAM
PIN-785690
6:THE DISTRICT ELEMENTARY EDUCATION OFFICER
DIST- SIVASAGAR
ASSAM
PIN-785640
7:THE DEPUTY INSPECTOR OF SCHOOLS
CHARAIDEO
SONARI
PIN-78569
Advocate for the Petitioner : MR. J HATIMURIA
Advocate for the Respondent : SC, ELEM. EDU
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
17-05-2023
Heard Mr. M. Kalita, learned counsel for the petitioner. Also heard Ms. D.D.
Barman, learned Additional Senior Government Advocate, Assam appearing for
the Respondents no. 1, 4 & 5 and Mr. B. Kaushik, learned Standing Counsel,
Elementary Education Department appearing for the respondents no.2, 3, 6 & 7.
The petitioner's father, namely, Dambaru Phukan died on 14.02.2017 while he
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was serving as the Headmaster of Sidhartha L.P. School. The petitioner
thereafter filed an application seeking appointment under die-in-harness
scheme. The case of the petitioner was rejected by the District Level Committee
(DLC), Sivasagar District, in its meeting held on 30.03.2019 on the ground that
his late father had less than 3 (three) years of service and as per Clause-I of the
OM dated 01.06.2015, a person would be eligible to make an application for
compassionate appointment provided the deceased government servant had a
balance of minimum 3(three) years of service at the time of death and the
petitioner's mother had less than 3 years of service.
Learned counsel for the petitioner submits that a co-ordinate Bench of this
Court by the judgment and order dated 30.01.2023 passed in WP(C)
No.1646/2021 and other connected writ petitions had already interfered with
this Clause-I of the said OM dated 01.06.2015. The Clause-I was set aside by
the said judgment.
Accordingly, this Court is of the view that this matter will require reconsideration
before the competent authorities in view of the judgment dated 30.01.2023
passed in WP(C) No.1646/2021, whereby the Clause-I of the O.M. Dated
01.06.2015 was interfered with and set aside.
Accordingly, the writ petition stands disposed of interfering with the minutes of
the DLC meeting held on 30.03.2019 in so far as the writ petitioner is
concerned.
The DLC will convene a meeting within 30 (thirty) days from the date of receipt
of the certified copy of this order and passed appropriate orders in terms of the
provisions of law read with the judgment dated 30.01.2023 passed in WP(C)
No.1646/2021 and other bunch of writ petitions.
Writ petition is accordingly allowed and disposed of in terms of the above
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directions.
JUDGE
Comparing Assistant
