Pin- 7887 vs The State Of Assam And 5 Ors
2023 Latest Caselaw 2164 Gua

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GAHC010090912023




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

         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
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           BADARPUR EDUCATION BLOCK
           KARIMGANJ
           PIN- 788710.
           5:THE DEPUTY INSPECTOR OF SCHOOLS
           KARIMGANJ
           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
                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 Page No.# 3/3

judgment of a Coordinate Bench.

JUDGE

Comparing Assistant