Dismissed

Jerina Dewan v. the State of Assam and 4 Ors.

Gauhati HC3 Dec 2021WP(C)/6429/2021

Case brief

AI extract

What is this about?

Petitioner sought compassionate appointment for herself following the death of her father, a teacher. The matter was pending for over 12 years due to alleged departmental delays. The Court dismissed the writ petition, holding that the inordinate delay and lack of communication by the petitioner disentitled her to equitable relief.

What did the court decide?

Writ petition stands dismissed; no order as to cost.

Jerina Dewan Vs the State of Assam and 4 Ors. — Pension and Retirement Benefits | Gauhati HC (2021)

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Page No.# 1/4

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GAHC010203732021

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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)/6429/2021

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JERINA DEWAN

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D/O LATE ABDUR RAQUIB BARBHUIYA, RESIDENT OF VILL GANGPAR DHUMKAR, P.O. LAKHISHAHAR, DIST. HAILAKANDI, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 4 ORS.

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REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF ELEMENTARY EDUCATION, DISPUR, GUWAHATI-781006, ASSAM

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2:THE DIRECTOR

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DEPARTMENT OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-781019.

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3:THE DISTRICT LEVEL COMMITTEE (FOR APPOINTMENT ON COMPASSIONATE GROUND) REPRESENTED BY ITS CHAIRMAN I.E. THE DEPUTY COMMISSIONER HAILAKANDI PIN 788151

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4:THE DISTRICT ELEMENTARY EDUCATION OFFICER

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HAILAKANDI

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PIN 788151

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5:THE DEPUTY INSPECTOR OF SCHOOLS

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Page No.# 2/4

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HAILAKANDI PIN 78815

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Advocate for the Petitioner : MR. A H M R CHOUDHURY

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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ORDER

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Date : 03-12-2021

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Heard Mr. A.H.M.R. Choudhury, learned counsel for the petitioner and Mr. S.R. Baruah, learned Standing Counsel, appearing for the respondent No. 3 and Mr. B. Kaushik, learned Standing Counsel for Elementary Education Department, appearing for the respondent Nos. 1, 2 4 and 5

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By filing this writ petition under Article 226 of the Constitution of India, the case projected by the petitioner is that she is daughter of late Abdul Raquib Barbhuiya, who died in harness on 11.01.2006 while serving as an Assistant Teacher in Graham M.V. School, Hailakandi. The mother of the petitioner had submitted an application dated 19.01.2006 in the prescribed format before the respondent No. 5 seeking appointment of the petitioner on compassionate ground. The said application was forwarded to the office of the respondent No. 2 on 03.07.2006, but nothing happened. Then the petitioner had approached this Court by filing WP (C) No. 204/2009 and this Court by order dated 23.01.2009, having taken note of the case of Achyut Ranjan Das and Ors vs. State of Assam, reported in 2006 (4) GLT 674 had disposed of the said writ

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petition with a direction that the petitioner shall submit her application in the prescribed form before the Deputy Inspector of Schools, Hailakandi (respondent No. 5 herein), giving two weeks time and the said respondent was directed to place the same before the District Level Committee for necessary action.

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The learned counsel for the petitioner submits that the petitioner through her maternal uncle enquired about the progress of her application and her uncle had assured that he would inform her soon.

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It is also projected that the petitioner was relying on the assurance received from her uncle but only after her maternal uncle had died in 2019, the petitioner had approached the authority in the last part of 2019 and she was informed that all the pending cases will be considered by the District Level Committee.

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The learned counsel for the petitioner further submits that since 2019, no DLC meeting has been held on compassionate appointment in respect of all the Elementary Education Department. Accordingly it is submitted that the case of the petitioner was left out from consideration and the said left out case would not be covered by the directions given in the case of Achyut Ranjan Das (Supra) that the pending application will have spent its force.

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In the present case in hand, the petitioner had approached this Court vide order dated 23.01.2009 passed in WP(C) No. 204/2009 and in the said case, order was passed to the effect that the case of the petitioner would be placed

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before the DLC. The petitioner is now seeking consideration of her case after 12 (twelve) years.

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In this regard, this Court is of the considered opinion that 12 years is an inordinate delay for making enquiry regarding status of her application by the petitioner. Moreover, the predecessor of the petitioner had died on 11.01.2006 i.e. about 16 years ago and further it is noted that from the statement made in paragraph 15 of the writ petition as well as the averment made in paragraph 8 of the writ petition that the petitioner had no direct communication with the authorities during the life time of her uncle, this Court is of the considered opinion that in view of inordinate delay on her part, the petitioner would not be entitled to any equitable relief.

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Accordingly, the writ petition stands dismissed.

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There is no order as to cost.

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JUDGE

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Comparing Assistant

Jerina Dewan v. the State of Assam and 4 Ors.

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Jerina Dewan v. the State of Assam and 4 Ors.

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