Gauhati High Court
Pulakesh Gogoi vs The State Of Assam 3 Ors on 1 September, 2023
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GAHC010176162023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4599/2023
PULAKESH GOGOI
S/O- LATE MAHANANDA GOGOI,
R/O- WARD NO. 4, NALINIPAM,
P.O. AND P.S.- DHEMAJI,
DIST.- DHEMAJI, ASSAM.
VERSUS
THE STATE OF ASSAM 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM,
SECONDARY EDUCATION DEPARTMENT,
SACHIVALAYA, DISPUR, ASSAM- 781006.
2:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GUWAHATI- 781019.
3:THE DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE
APPOINTMENT
REPRESENTED HEREIN BY THE DEPUTY COMMISSIONER
DHEMAJI
ASSAM
787057.
4:THE STATE LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT
REPRESENTED HEREIN BY THE CHIEF SECRETARY TO THE GOVT. OF
ASSAM
SACHIVALAYA
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DISPUR
GUWAHATI-06
Advocate for the Petitioner : MR. D GOGOI
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 01.09.2023
Heard Mr. D. Gogoi, learned counsel for the petitioner and Mr. S.M.T. Chistie,
learned counsel for the respondents No. 1 and 2, being the authorities in the
Secondary Education Department. Also heard Mr. G. Pegu, learned counsel for
the respondents No. 3 and 4, being the Deputy Commissioner, Dhemaji and the
Chief Secretary to the Government of Assam, respectively.
2. The father of the petitioner Mahananda Gogoi who was an Assistant
Teacher in the Jiadhal High School, Dhemaji died in harness on 23.08.2002 and
on his death, his wife being the mother of the petitioner submitted an
application for compassionate appointment on 01.11.2002. Although the
application was accepted by the authorities, the same was not given a due
consideration. In the circumstance, the petitioner who was a minor at the time
of death of his father, after attaining majority had submitted an application for
compassionate appointment on 08.10.2015. The said application was considered
by the DLC of Dhemaji district in its meeting of 28.12.2021. Upon evaluating
that three vacancies were available for Assistant Teacher, the DLC recommended
the petitioner as an Assistant Teacher and it is also noticed that the petitioner
had the qualification of B.Sc., D.El.Ed. as well as TET. But when the said
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recommendation was placed before the SLC in its meeting dated 01.03.2022, it
stood rejected by providing that the petitioner was a minor on the date of death
of his father and the application was submitted 13 years 1 month 15 days after
the date of death of the deceased Government employee when the applicant
attained the age of 30 years 5 months 19 days.
3. The petitioner assails the rejection of the SLC by relying on a judgment
laid down by the Hon'ble Supreme Court in the case of Syed Khadim Hussain
Vs. State of Bihar and Ors., reported in (2006) 9 SCC 195 . In the matter before
the Hon'ble Supreme Court in Syed Khadim Hussain (supra), the widow of the
deceased employee had made an application for compassionate appointment
within the prescribed period which was rejected without assigning any reason
and when the applicant therein attained the age of majority, he submitted an
application for compassionate appointment which was also rejected and the
Hon'ble Supreme Court was of the view that it was incorrect on the part of the
authorities to reject the application as in the meantime, the applicant must have
crossed the age of 18 years.
4. As it is noticed that the reasoning given by the SLC appears to be
inconsistent with the proposition laid down by the Hon'ble Supreme Court, we
remand the matter back to the SLC to reconsider the recommendation of the
DLC of Dhemaji district dated 28.12.2021 while taking note of the provisions of
paragraph 5 of the judgment of the Hon'ble Supreme Court in Syed Khadim
Hussain (supra) and accordingly, be placed before the next available SLC.
Writ petition stands disposed of as indicated above.
JUDGE
Comparing Assistant
