Sudipta Nath vs The State Of Assam And 4 Ors
2023 Latest Caselaw 3514 Gua

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GAHC010178512023




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

                         Case No. : WP(C)/5054/2023

         SUDIPTA NATH
         D/O- LATE SANJOY KUMAR NATH,
         VILL AND P.O- SARBANANDAPUR,
         DIST- HAILAKANDI, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REP. BY THE CHIEF SECRETARY CUM CHAIRMAN STATE LEVEL
         COMMITTEE FOR COMPASSIONATE APPOINTMENT, GOVT. OF ASSAM,
         DISPUR, GUWAHATI-06

         2:THE COMMISSIONER AND SECRETARY
         TO THE GOVT. OF ASSAM
          DEPARTMENT OF ELEMENTARY EDUCATION
          DISPUR
          GUWAHATI- 06

         3:THE DIRECTOR OF ELEMENTARY EDUCATION
         ASSAM
          KAHILIPARA
          GUWAHATI-19

         4:THE DISTRICT COMMISSIONER
          HAILAKANDI
         ASSAM
          PIN-788151

         5:THE DISTRICT ELEMENTARY EDUCATION OFFICER
          HAILAKANDI
         ASSA
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Advocate for the Petitioner   : MR. N H BARBHUIYA

Advocate for the Respondent : SC, ELEM. EDU




                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                         ORDER

Date : 01.09.2023

Heard Mr. N.H. Barbhuiya, learned counsel for the petitioner and Mr. P. Saikia, learned counsel for the respondents No. 1 and 4, being the Chief Secretary to the Government of Assam and the Deputy Commissioner, Hailakandi. Also heard Mr. A. Phukan, learned counsel for the respondents No. 2, 3 and 5, being the authorities in the Elementary Education Department.

2. The father of the petitioner Sanjoy Kumar Nath who was an Assistant Teacher in the 588 No. Sarbanandapur LP School, died in harness on 16.06.2013 and on his death, the petitioner submitted an application for compassionate appointment on 01.01.2014. By the order dated 11.10.2021, the petitioner had been informed that his application was considered by the DLC of Hailakandi district in its meeting of 05.10.2021 but was rejected on the ground that during the date of submission of the application, the petitioner was under- qualified inasmuch as, he had passed the higher secondary examination in the year 2016.

3. The proposition had been settled by the Hon'ble Supreme Court in its judgment rendered in N.C. Santosh Vs. State of Karnataka and Ors. reported in (2020) 7 SCC 617, wherein it is provided that the norms prevailing on the date of consideration of the application shall prevail and the norms that may have been in existence when the application was made.

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4. In view of such proposition laid down by the Hon'ble Supreme Court, we remand the matter back to the DLC of Hailakandi district for a fresh consideration of the application and to be placed before the next available DLC.

Writ petition stands disposed of as indicated above.

JUDGE

Comparing Assistant