Parag Kumar Deka vs The State Of Assam And 4 Ors
2023 Latest Caselaw 4185 Gua

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GAHC010205422023




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

                          Case No. : WP(C)/5459/2023

         PARAG KUMAR DEKA
         S/O- LATE BHUPEN DEKA, R/O- VILL. AND P.O. HAZARIKAPARA, P.S.
         SIPAJHAR, DIST. DARRANG, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
         ASSAM -CUM- CHAIRMAN, STATE LEVEL SELECTION COMMITTEE (SLC)
         FOR APPOINTMENT ON COMPASSIONATE GROUND, DISPUR, GUWAHATI-
         781006.

         2:THE SECRETARY TO THE GOVT. OF ASSAM
          DEPARTMENT OF SCHOOL EDUCATION (ELEMENTARY)
          DISPUR
          GUWAHATI-781006.

         3:THE DISTRICT LEVEL COMMITTEE (DLC)

         REPRESENTED BY ITS MEMBER SECRETARY -CUM- DEPUTY
         COMMISSIONER
         DARRANG
         ASSAM

         4:THE DISTRICT ELEMENTARY EDUCATION OFFICER (DEEO)
          DARRANG
         ASSAM

         5:THE BLOCK ELEMENTARY EDUCATION OFFICER (BEEO)

          KALAIGAON
          DIST. DARRANG
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             ASSA

Advocate for the Petitioner   : MR. N HAQUE

Advocate for the Respondent : GA, ASSAM




                                        BEFORE
          HON'BLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
                                       O R D E R

09.10.2023

Heard Mr. N Haque, learned counsel for the petitioner, Ms. N Phukan, learned counsel for the respondents in the Elementary Education Department, Government of Assam and Mr. P Saikia, learned counsel for the Deputy Commissioner, Darrang.

2. The father of the petitioner Bhupen Deka, who was working as an Assistant Teacher in the Dhan Khundapara LP School in the Darrang district, died in harness on 25.12.2013 and on his date, the petitioner submitted an application for compassionate appointment on 20.05.2013. Admittedly, on the date of the application, the petitioner was a minor and subsequently, when the petitioner attained majority, he submitted another application for compassionate appointment on 30.09.2022.

3. The applications of the petitioner were considered by the DLC of Darrang district in its meeting dated 10.10.2022, but as because the DLC found that there was a gap between the initial application and the subsequent application submitted after attaining majority, the matter was forwarded to the Government for consideration.

4. When the said view of the DLC was placed before the SLC in its meeting of Page No.# 3/3

02.03.2023, the following order was passed:-

"As the date of application is after one year, and the applicant was a minor at the time of death of the deceased, the matter is deferred until a final decision is taken on the matter."

5. A reading of the minutes of the SLC makes it discernible that neither the DLC nor the SLC had taken any decision on the application of the petitioner and it merely deferred the decision. The law in respect of late submission of an application after attaining majority has been 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 195.

6. As a definite proposition had been laid down, it is for the DLC and SLC to consider the application as per the proposition of law laid down by the Hon'ble Supreme Court and not to give the matter deferred.

7. Considering the above, the District Elementary Education Officer, Darrang is directed to place both the applications of the petitioner before the next available DLC of Darrang district and the DLC to take a decision on its own merit and not to keep it deferred by taking note of the proposition of law laid down by the Hon'ble Supreme Court in Syed Khadim Hussain (supra).

The writ petition is disposed of as indicated above.

JUDGE

Comparing Assistant