Page No.# 1/3 vs The State Of Assam And 5 Ors
2023 Latest Caselaw 4250 Gua

                                                                    Page No.# 1/3

GAHC010096322023




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

                          Case No. : WP(C)/2945/2023

         FOKRUN NEHAR LASKAR
         D/O- LATE AZIR UDDIN LASKAR, VILLAGE- CHIPARSANGAN PART-III, P.O.
         CHIPARSANGAN, P.S. ALGAPUR, DIST.- HAILAKANDI, ASSAM, PIN- 788801

         2: FOKRUN NEHAR LASKAR
         AGE 26 YEARS
          D/O LATE AZIR UDDIN LASKAR
         VILLAGE-CHIPARSANGAN PART-III
          P.O- CHIPARSANGAN
          P.S-ALGAPUR
          DISTRICT- HAILAKANDI
         ASSAM
         PIN-788801

         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         TO BE REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM,
         ELEMENTARY EDUCATION, DEPTT., DISPUR, GHY-06

         2:THE DIRECTOR
          ELEMENTARY EDUCATION
         ASSAM
          KAHILIPARA
          GHY-19

         3:THE DEPUTY COMMISSIONER
          HAILAKANDI CUM CHAIRMAN OF THE DISTRICT LEVEL COMMITTEE
         HAILAKANDI
          P.O.
          P.S. AND DIST.- HAILAKANDI
          PIN- 788151

         4:THE DISTRICT ELEMENTARY EDUCATION OFFICER
                                                                    Page No.# 2/3

             HAILAKANDI DISTRICT
             P.O.
             P.S. AND DIST.- HAILAKANDI
             PIN- 788151

            5:THE DEPUTY INSPECTOR OF SCHOOLS
             HAILAKANDI
             P.O.
             P.S. AND DIST.- HAILAKANDI
             PIN- 788151

            6:THE DISTRICT LEVEL COMMITTEE
             HAILAKANDI TO BE REP. BY ITS CHAIRMAN (I.E.
            THE DEPUTY COMMISSIONER
             HAILAKANDI)
             P.O.
             P.S. AND DIST.- HAILAKANDI
             PIN- 78815

Advocate for the Petitioner   : MR. R A CHOUDHURY

Advocate for the Respondent : SC, ELEM. EDU




                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                        ORDER

Date : 11-10-2023

Heard Mr. R.A. Mazumder, learned counsel for the petitioner. Also heard Mr. P. Saikia, learned Junior Government Advocate for the Deputy Commissioner, Hailakandi and Mr. A. Phukan, learned counsel for the Elementary Education Department of Government of Assam.

2. The father of the petitioner Azir Uddin Laskar who was a Head Teacher in 147 No. Baiyarpar Maktab in the Hailakandi district died in harness on 28.10.2016 and on his death the petitioner submitted an application for compassionate appointment on 03.03.2017. The said application was considered by the DLC of Hailakandi district in its meeting of 05.10.2021 but rejected on Page No.# 3/3

the ground that the deceased employee has a balance service of one year seven months three days by referring to the Office Memorandum dated 01.06.2015.

3. We have taken note that in the meantime the relevant provisions of balance service contained in the Office Memorandum dated 01.06.2015 has been set aside by the Court by the judgment dated 30.01.2023 in WP(C)/1646/2021.

4. As the provisions regarding balance service have itself been interfered, we are unable to accept the reasoning of the DLC and accordingly, the matter stands remanded back to the DLC of Hailakandi district for a fresh consideration of the claim of the petitioner as per law, to be placed before the next available DLC.

Writ petition stands disposed of in the above terms.

JUDGE

Comparing Assistant