Allowed

Saraswati Shiksha Niketan and Anr. v. Shri Achyut Chandra Mahanta and 5 Ors.

Gauhati HC15 Mar 2021WA/56/2020

Case brief

AI extract

What is this about?

This writ appeal pending against a single judge order in a student death case arising from alleged abuse by a teacher involved the compensation awarded to the deceased's parents. The Education Department was directed to pay Rs. 5 lacs. The High Court allowed the appeal and reduced the school's liability from Rs. 5 lacs to Rs. 2.5 lacs within two weeks, ensuring it would not prejudice the criminal

What did the court decide?

The amount of Rs. 5 lacs payable by Saraswati Shiksha Niketan is reduced to Rs. 2,50,000/- to be deposited within two weeks.

Saraswati Shiksha Niketan and Anr. Vs Shri… — Pension and Retirement Benefits | Gauhati HC (2021)

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GAHC010003052019

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

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WRIT APPEAL NO.56 OF 2020

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SARASWATI SHIKSHA NIKETAN, represented by its Managing Director, Shri Prasun Goswami, having its Office and Campus at Gopalpur, Mirza, P.O. Mirza, P.S. Palasbari, District- Kamrup (Rural), Assam. Pin Code- 781125.

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1. Shri Prasun Goswami, son of Late Nagendra Mohan Goswami, presently the Managing Director of SARASWATI SHIKSHA NIKETAN, having its Office and Campus at Gopalpur, Mirza, P.O. Mirza, P.S. Palasbari, District- Kamrup (Rural), Assam. Pin Code781125.

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………… Writ Appellants

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-versus-

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Shri Achyut Chandra Mahanta, son of Late Hari Chandra Mahanta, resident of Agshia, P.S. Azara, District- Kamrup (Rural), Assam. Pin Code- 781128.

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2.The State of Assam represented by the Commissioner and Secretary to the Government of Assam, Department of Education, Dispur, Guwahati, District- Kamrup (Metro), Assam. Pin Code- 781006.

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Sri Ajoy Singh, Computer Teacher, SARASWATI SHIKSHA NIKETAN, having its Office and Campus at Gopalpur, Mirza, P.O. Mirza, P.S. Palasbari, DistrictKamrup (Rural), Assam. Pin Code- 781125.

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4.The Commissioner and Secretary to the Government of Assam, Department of Home, Dispur, Guwahati, District Kamrup (Metro), Assam. Pin Code781006.

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The Superintendent of Police, Kamrup (Rural) District, having his Office at Amingaon, Guwahati, District- Kamrup (Rural) Assam. Pin Code- 781039.

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The Officer In-Charge, Palasbari Police Station, having his Office at N.H.37, Kokjar, Mirza DistrictKamrup (Rural), Assam. Pin Code- 781125.

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… .………..Respondents

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:: BEFORE ::

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HON’BLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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For the Appellants : Mr. K.N. Choudhury, Senior Advocate. Mr. G.Z. Ahmed, Advocate. For the Respondent No.1 : Mr. H. Bezbarua, Legal Aid Counsel. For the Respondent No.2 : Mr. N.J. Khataniar, Advocate. Date of hearing of Judgment & Order : 15^th March, 2021.

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JUDGMENT AND ORDER (ORAL)

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(Sudhanshu Dhulia, C.J.)

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Heard Mr. K.N. Choudhury, learned senior counsel for the writ appellants, assisted by Mr. G.Z. Ahmed, Advocate. Also heard Mr. H. Bezbarua, learned

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Legal Aid Counsel for the respondent no.1 as well as Mr. N.J. Khataniar, counsel for the respondent no.2.

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2. An unfortunate tragedy had occurred in the Saraswati Shiksha Niketan, Mirza where a student by the name of Mousam Raj Mahanta, aged about 11 years who was reading in Class-VI at the relevant time was allegedly beaten by his teacher. As a result of which, he (the petitioner’s son) sustained injuries and was admitted to the hospital where allegedly he succumbed to his injuries on 07.06.2010.

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3. The father of the deceased approached this Court by means of a writ petition being WP(C) No.2727/2012 and prayed for various relief, including grant of compensation as well there was a prayer that the guilty persons be punished etc. We have been told that an FIR has already been lodged against the guilty teachers and officials of the concerned Shiksha Niketan and the concerned teacher who had remained absconding for many years has also finally been arrested and is presently in jail.

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4. We are presently concerned only with the compensation part on which the writ petitioner would inter alia be granted benefit. On 09.10.2018, while disposing of the writ petition, the learned Single Judge passed an order wherein it was directed that the petitioner be paid the following relief:

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“1) Assam State Legal Services Authority shall pay Rs. 2 lacs to the parents of the deceased, i.e., the mother and father of the deceased, on proper identification.

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1. Government of Assam in the Education (Elementary) Department, shall pay

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to the parents of the deceased a sum of Rs. 5 lacs on proper identification.

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1. Respondent No. 2, i.e., Saraswati Shiksha Niketan shall pay a sum of Rs. 5 lacs to the parents of the deceased on proper identification.

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1. Member Secretary, Assam State Legal Services Authority, shall ensure that proper legal aid assistance is provided to the parents of the deceased so that they can pursue before the concerned authorities for release of the compensation amounts.

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1. Commissioner and Secretary to the Government of Assam, Elementary Education Department, shall take appropriate decision regarding functioning of respondent No. 2 school, i.e., Saraswati Shiksha Niketan. Such decision shall be taken within a period of 2(two) months from the date of receipt of a certified copy of this order.”

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5. As per the above directions, i.e. (1), (2) and (3) are concerned, the learned Single Judge has granted compensation in terms of money which have to be paid by different persons/authorities. We have been informed that Rs.2 lacs have already been paid by the Assam State Legal Services Authority. As far as Government’s compensation of Rs.5 lacks is concerned, it is informed that the amount has already been sanctioned and would be deposited in the account of the petitioner very shortly.

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6. This writ appeal has been filed by the Saraswati Shiksha Niketan as regarding the dispute only to Rs.5 lacs, which was one of the directions of the learned Single Judge. During the course of the argument, however, the learned senior counsel appearing for the writ appellants Mr. Choudhury has very fairly

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submitted that the respondents Saraswati Shiksha Niketan is prepared to give a reduced amount in case it will not prejudice the case of Shiksha Niketan authority before the criminal court. Considering the expediency of the matter and in the interest of justice, the amount of Rs.5 lacs is hereby reduced to Rs.2,50,000/- which shall be paid and deposited in the account of the petitioner within a period of 2(two) weeks from today by Saraswati Shiksha Niketan. We also make it clear that the deposit of this amount, and the order passed today, will not prejudice the case of the appellants before the criminal court.

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The writ appeal stands disposed of.

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JUDGE CHIEF JUSTICE

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Comparing Assistant

Saraswati Shiksha Niketan and Anr. v. Shri Achyut Chandra Mahanta and 5 Ors.

Case brief

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Saraswati Shiksha Niketan and Anr. v. Shri Achyut Chandra Mahanta and 5 Ors.

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