Writ petition by a widow seeking compassionate appointment was dismissed as infructuous after the State Level Committee approved her appointment on 28.12.2020 and she joined service on 14.09.2021.
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GAHC010034862017
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4899/2017
SMT. RUPALI CHETIA PHUKAN W/O. LT. DIBYAJYOTI PHUKAN, R/O. AHOM GAON, P.O. ANGERKHOWA, DIST. LAKHIMPUR, ASSAM.
VERSUS
THE STATE OF ASSAM and 4 ORS.
REP. BY THE COMM. and SECY. TO THE GOVT. OF ASSAM, EDUCATION ELEMENTARY DEPTT., DISPUR, GUWAHATI 781006.
2:THE DEPUTY COMMISSIONER
LAKHIMPUR.
3:THE STATE LEVEL COMMITTEE
CONSTITUTED FOR APPOINTMENT ON COMPASSIONATE GROUND IN RESPECT OF EDUCATION ELEMENTARY DEPTT.
REP. BY ITS CHAIRMAN.
4:THE DISTRICT LEVEL COMMITTEE
CONSTITUTED FOR APPOINTMENT ON COMPASSIONATE GROUND IN LAKHIMPUR DISTRICT REPRESENTED BY ITS CHAIRMAN.
5:THE DISTRICT ELEMENTARY EDUCATION OFFICER
LAKHIMPUR
Advocate for the Petitioner : MR.M DAS
Advocate for the Respondent : GA, ASSAM
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BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
01.03.2023
Heard Ms. N. Mahanta, learned counsel, appearing on behalf of Mr. R. M. Deka, learned counsel for the petitioner and Mr. G. Pegu, learned Government Advocate, Assam for the respondent Nos. 2, 3 and 4. Also heard Mr. B. Kaushik, learned counsel for the respondent Nos. 1 and 5.
During the pendency of this writ petition, on being recommended by the District Level Committee for compassionate appointment, Lakhimpur, the State Level Committee, in its meeting held on 28.12.2020, considered the appointment of the petitioner on compassionate ground on the death of her husband, namely, Dibya Jyoti Phukan and accordingly accorded its approval.
Pursuant to the same, the Director of Elementary Education, Assam, vide order under memo No. EAA/SIU/22/2021/Pt-III/66, dated 20.08.2021, appointed the petitioner under the Office of the Block Elementary Education Officer, Paschim Nalbari, and in pursuance of the same, the petitioner on 14.09.2021 has joined as Junior Assistant in the Office of the BEEO, Paschim Nalbari.
By filing an additional affidavit in this matter on 07.10.2021, the petitioner has placed the aforesaid facts before the Court.
In view of the above, this writ petition, being infructuous, stands dismissed.
JUDGE
Comparing Assistant
Smt. Rupali Chetia Phukan W/o. Lt. Dibyajyoti Phukan
State of Assam
The Deputy Commissioner Lakhimpur
State Level Committee Consc. for Appointment on Compassionate Ground in respect of Education Elementary Deptt.
District Level Committee Consc. for Appointment on Compassionate Ground in Lakhimpur District
District Elementary Education Officer Lakhimpur
Manash Ranjan Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
