Disposed

Khagen Borah v. the State of Assam and 7 Ors.

Gauhati HC11 Nov 2022WP(C)/7125/2022

Case brief

AI extract

What is this about?

This writ petition challenges the rejection of the petitioner's application for compassionate appointment under the Die-in-Harness Scheme. The State Level Committee wrongly rejected the case on grounds of ineligibility for an Assistant Teacher post. The petitioner sought a Grade-IV post. The High Court directed the District Elementary Education Officer to place the petitioner's case for a Grade-IV

What did the court decide?

Directing the District Elementary Education Officer to place the petitioner's case for a Grade-IV post before the next meeting of the District Level Committee for compassionate appointment.

Khagen Borah Vs the State of Assam and 7 Ors. — Pension and Retirement Benefits | Gauhati HC (2022)

¶1

Page No.# 1/3

¶2

GAHC010222362022

¶3

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

¶4

Case No. : WP(C)/7125/2022

¶5

KHAGEN BORAH

¶6

S/O- LT. PREMANANDA BORAH, R/O- VILL AND P.O. KAMALPUR CHARIALI, P.S. BIHPURIA, DIST.- LAKHIMPUR, ASSAM, PIN-

¶7

VERSUS

¶8

THE STATE OF ASSAM AND 7 ORS REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPTT., DISPUR, GHY-06

¶9

2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GHY-19

¶10

3:THE DY. COMMISSIONER LAKHIMPUR

¶11

4:THE DISTRICT ELEMENTARY EDUCATION OFFICER LAKHIMPUR DIST.- LAKHIMPUR ASSAM PIN- 787001

¶12

5:THE DY. INSPECTOR OF SCHOOLS LAKHIMPUR DISTRICT CIRCLE NORTH LAKHIMPUR

¶13

6:THE BLOCK ELEMENTARY EDUCATION OFFICER NARAYANPUR DIST.- LAKHIMPUR ASSAM

¶14

Page No.# 2/3

¶15

PIN- 784164 7:THE DISTRICT LEVEL COMMITTEE REP. BY DY. COMMISSIONER AND CHAIRMAN LAKHMPUR DIST.- LAKHIMPUR ASSAM PIN- 787001 8:THE STATE LEVEL COMMITTEE REP. BY CHAIRMAN CHIEF SECRETARY ASSAM BLOCK-C 3RD FLOOR ASSAM SACHIVALAYA DISPUR DIST.- KAMRUP (M) ASSAM PIN- 78100

¶16

Advocate for the Petitioner : MR. N BORAH

¶17

Advocate for the Respondent : SC, ELEM. EDU

¶18

BEFORE

¶19

HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

¶20

ORDER

¶21

11-11-2022

¶22

Heard Mr. N. Borah, learned counsel for the petitioner and Mr. B. Kaushik, learned Standing counsel, Elementary Education Department of the State for the respondent Nos. 1, 2, 4 to 6 as well as Mr. G. Pegu, learned Government Advocate, Assam for the respondent Nos. 3, 7 & 8.

¶23

Matter pertains to compassionate appointment under the Die-in-Harness Scheme.

¶24

It is stated by the petitioner that his father Premananda Borah, a Head Teacher of 2 No. Rampur L.P. School under the Deputy Inspector of Schools, North Lakhimpur expired on 02.07.2014 during his service tenure and that though the petitioner applied for his compassionate appointment under the Die-in-Harness Scheme but the State Level Committee for compassionate appointment

¶25

Page No.# 3/3

¶26

wrongly rejected the case of the petitioner in its meeting held on 22.01.2022 on the ground that he does not have the requisite eligibility for the post of Assistant Teacher in Lower Primary School and he does not come under the purview of the Office Memorandum under No. AEE.377/2016/23 dated 02.06.2017 issued by the Elementary Education Department.

¶27

It is also stated by the petitioner that he applied for compassionate appointment under the Diein-Harness Scheme for Grade-IV post and not for any such post of Assistant Teacher in Lower Primary School as he is aware of that he does not have the requisite educational eligibility to be a teacher of Lower Primary School. To that extent, the petitioner placed a copy of the representation dated 02.09.2014 that was received by the said authority concerned on 03.09.2014.

¶28

Petitioner stated that through RTI, he came to know that the District Level Committee for compassionate appointment, Lakhimpur in its meeting held on 08.11.2021 inspite of his application for Grade-IV post on compassionate ground under the Die-in-Harness Scheme wrongly recommended his name for the post of Assistant Teacher in Lower Primary School.

¶29

Considering the above, the District Elementary Education Officer, Lakhimpur is directed to place the case of the petitioner again before the next meeting of the DLC for compassionate appointment of Lakhimpur district to consider his case for Grade-IV post on compassionate ground under the Die-inHarness scheme in terms of the specific Office Memorandum/Circular in force.

¶30

In the event, if the petitioner is found to be eligible for compassionate appointment under the Die-in-Harness scheme of the State in Grade-IV post, the authority concerned in the DLC, compassionate appointment, Lakhimpur shall recommend the matter to the State Level Committee, who in then shall intimate the petitioner about its decision with regard to his such compassionate appointment.

¶31

With the above observation and direction, this writ petition stands disposed of.

¶32

JUDGE

¶33

Comparing Assistant

Khagen Borah v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

Khagen Borah v. the State of Assam and 7 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Rafi Ahmed Mazumder Vs the State of Assam and 7 Ors.

Khadiza Begum Mazumder and Anr. Vs Rafi Ahmed Mazumder and 6 Ors.

Jahirul Islam Vs the State of Assam and 6 Ors.

MD Askor Ali Vs the State of Assam and 8 Ors.

Pranab Jyoti Hazarika and 9 Ors. Vs the State of Assam and 3 Ors.

Mustafijur Rahman Vs the State of Assam and 3 Ors.