Dismissed

Rajib Roy v. the State of Assam and 6 Ors.

Gauhati HC5 Jun 2023WP(C)/2126/2023

Case brief

AI extract

What is this about?

This judgment deals with a writ petition filed by the petitioner seeking appointment on compassionate grounds pursuant to the death of his father who was a state employee. The petitioner, who was a minor at the time of the father's death, filed the application only after attaining majority after a total delay of approximately 19 years. The District Level Committee had previously rejected the case

What the court decided

AI extract

Rajib Roy Vs the State of Assam and 6 Ors. — Pension and Retirement Benefits | Gauhati HC (2023)

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Page No.# 1/3

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GAHC010081512023

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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)/2126/2023

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RAJIB ROY

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S/O LATE MOTILAL ROY, VILL-SRIGOURI, P.S.-BADARPUR, DISTKARIMGANJ, ASSAM, PIN-788806

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VERSUS

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THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, ELEMENTARY EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6

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2:THE DIRECTOR ELEMENTARY EDUCATION KAHILIPARA GUWAHATI-19

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3:THE DEPUTY COMMISSIONER KARIMGANJ CUM CHAIRMAN DISTRICT LEVEL COMMITTEE FOR COMPASSIONATE APPOINTMENT DIST-KARIMGANJ PIN-788710

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4:THE DISTRICT ELEMENTARY EDUCATION OFFICER KARIMGANJ DIST-KARIMGANJ ASSAM PIN-788710

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5:THE DEPUTY INSPECTOR OF SCHOOLS KARIMGANJ P.O. AND DIST-KARIMGANJ ASSAM

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Page No.# 2/3

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PIN-788710

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6:THE BLOCK ELEMENTARY EDUCATION OFFICER BADARPUR P.O.-BADARPUR DIST-KARIMGANJ ASSAM PIN-78871

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Advocate for the Petitioner : MR. I ALAM

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Advocate for the Respondent : SC, ELEM. EDU

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BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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Date : 05.06.2023

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Heard Mr. I.Alam, learned counsel for the petitioner. Also heard Mr. G.Pegu, learned standing counsel, Elementary Education appears for the respondent Nos. 1, 2, 5, 6 and 7 and Mr. G.Bokolial, learned Govt. Advocate appears for the respondent No.3.

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The father of the petitioner, late Matilal Ray, while serving as Assistant Teacher of Umarpur M.E School, under Block Elementary Education Officer, Badarpur Block of Karimganj, died-in-harness on 25.11.1992, leaving behind the petitioner, his wife and other family members.

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Thereafter, the wife of the late Matilal Ray made an application on 18.10.1994 for appointment on compassionate grounds. The case of the mother was not considered. However, the petitioner’s mother kept silent and after the petitioner had attained the age of majority, he made his application for appointment on compassionate grounds on 20.06.2011. The case of the petitioner was considered by the concerned District Level Committee on

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Page No.# 3/3

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12.06.2013 and his case was rejected for late submission. Being aggrieved, petitioner is before this Court.

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After hearing the learned counsel for the parties and also on consideration of the materials available on record, it is clear that after the death of the petitioner’s father, his mother made an application for appointment on compassionate grounds on 18.10.1994. However, the same was not considered by the respondents and the mother of the petitioner did not agitate at any point of time. Thereafter, the petitioner on attaining the age of majority i.e., 21 years, made his application on 20.06.2011. There is already a delay of 19 years in making the application of the petitioner. The reason given for the delay in making the application for appointment on compassionate grounds by the petitioner is that when his father died, he was a minor aged about 3 years old and therefore, after he attained his majority, he submitted his application on 20.06.2011.

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The explanation given for delay of about 19 years in filing the application for appointment on compassionate grounds is not acceptable to this Court. This Court is of the considered opinion that the concerned DLC had rightly rejected the application of the petitioner on the ground of late submission.

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Accordingly, there is no merit in the writ petition and the same is accordingly dismissed.

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Comparing Assistant

Rajib Roy v. the State of Assam and 6 Ors.

Case brief

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What the court decided

Rajib Roy v. the State of Assam and 6 Ors.

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