Akthar Hussain Choudhury vs The State Of Assam And 3 Ors
2023 Latest Caselaw 4755 Gua

Gauhati High Court

Akthar Hussain Choudhury vs The State Of Assam And 3 Ors on 28 November, 2023

Author: Achintya Malla Bujor Barua

Bench: Achintya Malla Bujor Barua

                                                                     Page No.# 1/3

GAHC010259682023




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

                                 Case No. : WP(C)/6834/2023

            AKTHAR HUSSAIN CHOUDHURY
            SON OF LATE AMIRUL ISLAM CHOUDHURY, RESIDENT OF VILLAGE-
            TILAIYA, PO- SADARASHI, DIST.- KARIMGANJ, ASSAM, PIN- 788712



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REPRESENTED BY THE SECRETARY TO THE GOVT OF ASSAM, DEPT. OF
            SCHOOL EDUCATION, DISPUR, GUWAHATI-06

            2:THE CHAIRMAN OF THE STATE LEVEL COMMITTEE (SLC)
             REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM

            3:THE DISTRICT LEVEL SELECTION COMMITTEE (DLC)
             REPRESENTED BY THE DEPUTY COMMISSIONER OF KARIMGANJ
            DISTRICT
             DIST.- KARIMGANJ
            ASSAM

            4:THE DISTRICT ELEMENTARY EDUCATION OFFICER
             KARIMGANJ
             PO
             PS AND DIST.- KARIMGANJ
            ASSA

Advocate for the Petitioner   : MR H R CHOUDHURY

Advocate for the Respondent : GA, ASSAM
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                                BEFORE
           HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                     ORDER

Date : 28-11-2023

Heard Mr. H.R. Choudhury, learned counsel for the petitioner. Also heard Mr. Ganesh Pegu, learned counsel for the respondents in the Elementary Education Department, Government of Assam and Mr. B. Deori, learned Junior Government Advocate for the Deputy Commissioner, Karimganj.

2. The father of the petitioner, Amirul Islam Choudhury who was working as an Assistant Teacher in the 1232 No. Janashobha LP School under the North Karimganj Educational Block died in harness on 31.12.2011 and on his death, the petitioner submitted an application for compassionate appointment on 12.10.2019. The grievance raised in this writ petition is that the said application of the petitioner was not placed before the DLC concerned for its consideration.

3. Under the law, there is a requirement that an application for compassionate appointment has to be placed before the DLC of the district concerned and it is for the DLC to either accept or reject the claim made in the application by providing the reasons thereof.

4. An objection is raised by Mr. B. Deori, learned Junior Government Advocate that when the deceased died the mother was about 37 years old whereas this is an application by the son after attending majority and that too after elapse of thirteen years. The said aspect has already been dealt with by the Hon'ble Supreme Court in its judgment in Syed Khadim Hussain vs. State of Bihar and others reported in (2006) 9 SCC 195. The respondents in the DLC may take note of the propositions laid down by the Hon'ble Supreme Court in its judgment in Syed Khadim Hussain vs. State of Bihar and others reported in (2006) 9 SCC Page No.# 3/3

195 and pass a reasoned order thereon.

5. In view of the above, this writ petition stands disposed of with a direction to the DEEO, Karimganj to firstly verify from the records as to whether any such application has been made by the petitioner and if any such application is available on record, the same be placed before the DLC concerned for its consideration. Accordingly, the application of the petitioner be placed in the next available DLC of Karimganj district and in the event, no such application exists, the petitioner be informed accordingly.

6. On the other hand, if the application of the petitioner was earlier placed before the DLC concerned and any order had been passed thereon, the outcome thereof be informed to the petitioner and in that event, there would be no further requirement to place the same again before the DLC.

Writ petition stands disposed of in the above terms.

JUDGE

Comparing Assistant