Lucky Saikia vs The State Of Assam And 4 Ors
2023 Latest Caselaw 4239 Gua

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GAHC010203282023




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

                                 Case No. : WP(C)/5243/2023

            LUCKY SAIKIA
            D/O LT. RABINDER SAIKIA AND LT. RUKMINI CHUTIA SAIKIA R/O VILL.
            SISSIBORGAON P.O. AND PS. SISSIBORGAON DIST DHEMAJI ASSAM PIN
            787110



            VERSUS

            THE STATE OF ASSAM AND 4 ORS
            REP.BY THE CHIEF SECRETARY CUM CHAIRMAN STATE LEVEL
            COMMITTEE GOVT. OF ASSAM DISPUR GUWAHATI PIN 781006

            2:THE COMMISSIONER AND SECRETARY
             GOVT. OF ASSAM EDUCATION ELEMENTARAY DEPTT. DISPUR
            GUWAHATI 781006

            3:THE DIRECTOR
             ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI 781019 DIST.
            KAMRUP METRO ASSAM

            4:THE DISTRICT COMMISSIONER CUM CHAIRMAN
             DISTRICT LEVEL COMMITTEE DHEMAJI ASSAM PIN 787057

            5:THE DISTRICT ELEMENTARY EDUCATION OFFICER
             DHEMAJI
             DIST DHEMAJI ASSAM PIN 78705

Advocate for the Petitioner   : MR. M KALITA

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

                                     ORDER

11.10.2023

Heard Mr. M Kalita, learned counsel for the petitioner. Also heard Mr. Girin Pegu, learned Additional Senior Government Advocate for the Chief Secretary to the Government of Assam as well as the Deputy Commissioner, Dhemaji and Ms. S Chutia, learned counsel for the Elementary Education Department, Government of Assam.

2. The mother of the petitioner, Rukmini Chutia Saikia, who was working as an Assistant Teacher in the Sissi Tiniali ME School in the Dhemaji district died in harness on 27.07.2001 and on her death, the petitioner submitted an application for compassionate appointment initially in the year 2002 when the petitioner was a minor and again on 08.02.2022 after attaining majority. The said application was considered by the DLC of Dhemaji in its meeting of 11.02.2022 and accordingly recommended the petitioner for a vacant post of Assistant Teacher in a lower primary school.

3. When the recommendation of the DLC Dhemaji was placed before the SLC in its meeting of 26.08.2022, it stood rejected by providing that at the time when the petitioner initially applied she had not attained majority and the SLC refers to the OM dated 01.06.2015 to justify such rejection.

4. We have perused the OM dated 01.06.2015, but no provision as such is discernible in the said office memorandum which provides that if a person is a Page No.# 3/3

minor at the time of the initial application, the same has to be rejected under the law.

5. The entitlement of a minor for compassionate appointment at the time of death of the employee concerned subsequently upon attaining majority has been settled by this Court in the judgment laid down by the Supreme Court in Khadim Hussain Vs. State of Bihar and Ors., reported in (2006) 9 SCC 195. Accordingly the rejection by the SLC in its meeting dated 26.08.2022 is set aside and the matter stands remanded back to the SLC to reconsider the recommendation of the DLC dated 11.02.2022 made in favour of the petitioner by taking note of the law laid down by the Supreme Court in Khadim (supra). Accordingly the claim of the petitioner be placed before the next meeting of the SLC.

6. Writ petition stands disposed of in the above terms.

JUDGE

Comparing Assistant