Niloy Das vs The State Of Assam And 6 Ors
2023 Latest Caselaw 2163 Gua

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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

         7:THE DEPUTY COMMISSIONER
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            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
                HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                        ORDER

24-05-2023 Heard Ms. S. B. Choudhury, learned counsel for the petitioner. The issue involved in this case is rejection of the application of the petitioner for appointment on compassionate ground with a reason that the incumbent who had died-in-harness did not have the adequate number of service period left.

The learned counsel for the petitioner has submitted that the issue has been resolved by this Court wherein interference has been made in similar cases.

However, Shri G. Bokalial, learned State Counsel has submitted that the aforesaid judgment is the subject matter of an appeal which is presently pending before the Hon'ble Division Bench. It however transpires that the appeal was filed beyond the period of limitation and only notices have been issued in the delay condonation application.

Under such circumstances, this Court is of the opinion that the matter be taken up after a period of 15 (fifteen) days to enable the learned State Counsel to take appropriate steps. It is however made clear that mere filing of an appeal, that too with delay condonation application may not be a sufficient ground not to follow the judgment of a Coordinate Bench.

JUDGE Comparing Assistant