Gauhati High Court
Pankaj Baishya vs The State Of Assam And 4 Ors on 11 October, 2023
Page No.# 1/4
GAHC010058812022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2218/2022
PANKAJ BAISHYA
S/O LATE PUTUL BAISHYA, R/O VILL-JOWARDDRI, P.O.-KAITHALKUCHI,
DIST-NALBARI, ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, EDUCATION DEPARTMENT, DISPUR, GUWAHATI-781006
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI-19
3:THE INSPECTOR OF SCHOOLS
NALBARI DISTRICT AND CIRCLE
NALBARI
ASSAM
4:THE DEPUTY COMMISSIONER-CUM-CHAIRMAN
DISTRICT LEVEL COMMITTEE
NALBARI
DIST-NALBARI
5:THE ADDITIONAL DEPUTY COMMISSIONER
NALBARI
ASSA
Advocate for the Petitioner : MR. A SARMA
Advocate for the Respondent : SC, EDU
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BEFORE
HON'BLE MR. JUSTICE NELSON SAILO
11.10.2023
1. This is the 3rd time, the petitioner is before this Court. The first writ
petition being WP(C) No. 7298/2016, was disposed of vide order dated
17.01.2017 by directing the DLC concerned to look into the application of the
petitioner for compassionate appointment after getting the vacancy position
from the Inspector of Schools, Nalbari.
2. Be stated herein that, the case of the writ petitioner is that his father
expired while in service on 15.08.2011 and at the relevant time, since he was a
minor, he submitted his application upon attaining the age of majority on
15.07.2013.
3. As directed by this Court on 17.01.2017, the DLC met on 28.04.2017 to
consider the case of the petitioner. According to the DLC, there was delay
submission of the application by the petitioner but however, it was decided to
wait for the outcome of the writ petition filed by the petitioner i.e. WP(C)
7298/2016. Since, the said writ petition was already disposed of on 17.01.2017,
the petitioner initiated his second writ petition i.e. WP(C) 6569/2017 and this
Court, upon considering the grievances projected, disposed of the same vide
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order dated 03.11.2017 by directing the DLC concerned to consider the case of
the petitioner on its own merit and the decision taken be conveyed to him. The
DLC thereafter took up the case of the petitioner in its meeting held on
21.03.2018 but rejected his application for non submission of the same within
the stipulated time as prescribed by the Govt. Office Memorandum dated
01.06.2015.
4. Mr. A. Sarma, learned counsel for the petitioner submits that the reason
why the petitioner could not submit the application immediately on the expiry of
his father is because he was underage at the relevant time and therefore, only
upon attaining the age of majority, he could submit his application on
15.07.2013. As such, there was no delay on the part of the petitioner to submit
the application. The learned counsel further refers to the judgment and order
dated 24.10.2017 rendered by a coordinate Bench of this Court in WP(C) 9/2017
(Mrs. Nayanmoni Das Vs. State of Assam and 8 Ors .), wherein, the earlier
decision rendered in (Faziron Nessa Vs. State of Assam & Ors. reported in
(2010) 4 GLT 340) was also considered. The Court upon considering the
matter regarding the stipulation for filing an application for compassionate
appointment was of the view that the period of one year for submission of such
application cannot be said to be a mandatory requirement and that the same
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would depend upon the facts and circumstances of the case. Further, it will also
be incumbent upon the applicant to satisfy the existence of such facts and
circumstances to justify the acceptance of such application beyond the period of
one year from the death or retirement of the Government servant concerned.
5. In the present case, the father of the petitioner undisputedly expired on
15.08.2011 and the petitioner contends that he was underage at that time. Such
being, the position and having regard to the decision of this Court in Mrs.
Nayanmoni Das (supra) and Faziron Nessa (supra), the writ petition stands
disposed of with a direction to the respondent no. 4, the Deputy Commissioner
of Nalbari to place the case of the petitioner for consideration before the next
DLC sitting. The DLC shall then make a concise decision in terms of the
observations made herein above.
6. The petitioner shall submit his birth certificate or any other certificate
before the respondent no. 4 within 1(one) weeks from today to show that he
was underage as on 15.08.2011, i.e., the date of which his father expired.
7. With the above observation and direction, this writ petition stands
disposed of.
JUDGE
Comparing Assistant
