Dismissed

Debasish Kumar Paul v. the State of Assam and 6 Ors.

Gauhati HC6 Mar 2019WP(C)/3027/2016

Case brief

AI extract

What is this about?

Petitioner sought a direction for compassionate appointment as Assistant Teacher. The respondent noted the application was time-barred and advised challenging the decision in the appropriate forum. The High Court, without expressing an opinion on the merits, dismissed the writ petition.

What did the court decide?

The writ petition is disposed of after directing the petitioner to assail the decision in the appropriate forum.

Debasish Kumar Paul Vs the State of Assam… — Pension and Retirement Benefits | Gauhati HC (2019)

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Page No.# 1/3

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GAHC010016112016

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

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Case No. : WP(C) 3027/2016

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1:DEBASISH KUMAR PAUL

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S/O LT. SHYMAL BANDHU PAUL, VILL. BIJNI TOWN, W/NO.4, P.O. and PS. BIJNI, DIST- CHIRANG, BTAD, ASSAM, PIN-783390

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VERSUS

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1:THE STATE OF ASSAM and 6 ORS.

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REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM CUM CHAIRMAN, STATE LEVEL SELECTION COMMITTEE ON COMPASSIONATE GROUND, DISPUR, GHY-6

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2:THE COMMISSIONER and SECY. TO THE GOVT.OF ASSAM EDUCATION ELE DEPTT. DISPUR GHY-6

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3:THE DIRECTOR OF ELEMENTARY EDUCATION EDUCATION ELE DEPTT. ASSAM KAHILIPARA GHY-19

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4:THE BODOLAND TERRITORIAL COUNCIL REP. BY THE SECY. BODOFA NAGAR KOKRAJHAR BTAD ASSAM PIN-783370

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5:THE DIRECTOR OF EDUCATION BTC BODOFA NAGAR KOKRAJHAR

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Page No.# 2/3

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BTAD ASSAM PIN-783370

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6:THE DISTRICT LEVEL SELECTION COMMITTEE ON COMPASSIONATE GROUND REP. BY THE CHAIRMAN CUM THE PRINCIPAL SECRETARY BTC BOLOFANAGAR KOKRAJHAR. 7:THE DISTRICT ELEMENTARY EDUCATION OFFICER CHIRANG KAJALGAON DIST- CHIRANG BTAD ASSAM PIN-78338

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Advocate for the Petitioner : MS.U CHOUDHURY

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE UJJAL BHUYAN

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ORDER

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Date : 06-03-2019

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Heard Mr. K.R. Patgiri, learned counsel for the petitioner and Mr. N. Sharma, learned Standing Counsel, Secondary Education Department, Govt. of Assam. Also heard Mr. M. Khataniar, learned Standing Counsel, BTC.

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By filing this petition under Article 226 of the Constitution of India, petitioner seeks a direction to the respondents to consider his case for appointment as Assistant Teacher of LP School on compassionate ground.

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Respondent Nos.4 to 6 have filed a common affidavit wherein minutes of the meeting of the District Level Committee (DLC), Chirang held on 29.03.2012 has been annexed.

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In so far petitioner is concerned, it is stated that DLC had examined the case of the petitioner whose father expired on 21.11.1990 but as the application of the petitioner was made on 26.08.2010, the same could not be considered because he did not apply within the period of one year.

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Learned counsel for the petitioner submits that petitioner was earlier not aware of such decision of the DLC. Now that he is aware of such decision, he may like to institute an independent challenge to such decision.

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Without expressing any opinion on the claim of the petitioner as well as the decision taken by the DLC, petitioner may assail such decision before the appropriate forum. If such assailment is made, the same may be considered in accordance with law.

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With the above observation, writ petition is disposed of.

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JUDGE

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Comparing Assistant

Debasish Kumar Paul v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

Debasish Kumar Paul v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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