Petitioner sought compassionate appointment after his father, an Assistant Teacher, died in harness in 2017; his case was never placed before the District Level Committee despite repeated representations. The High Court directed the authorities to place his case before the DLC at its next sitting.
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GAHC010196372024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4976/2024
SHAHJAHAN S/O- LATE TASLIM UDDIN, RESIDENT OF VILL.- DEWBARI, P.O. KANAIBAZAR, P.S. PATHARKANDI, DIST.- KARIMGANJ, ASSAM, PIN788710
VERSUS
THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (ELEMENTARY) DEPARTMENT, DISPUR, GUWAHATI- 781006
2:THE DIRECTOR OF ELEMENTARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19 3:THE DISTRICT ELEMENTARY EDUCATION OFFICER KARIMGANJ DISTRICT KARIMGANJ ASSAM PIN- 788710 4:THE BLOCK ELEMENTARY EDUCATION OFFICER PATHERKANDI EDUCATION BLOCK PIN- 788724 5:THE DEPUTY INSPECTOR OF SCHOOLS KARIMGANJ DISTRICT CIRCLE KARIMGANJ PIN- 788710
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6:THE DEPUTY COMMISSIONER
KARIMGANJ -CUM- THE CHAIRMAN DISTRICT LEVEL COMMITTEE KARIMGANJ PIN- 78871
Advocate for the Petitioner : MRS R BEGUM,
Advocate for the Respondent : SC, ELEM. EDU, GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR
ORDER
Date : 25.09.2024
Heard Ms. S.B. Choudhury, learned counsel for the petitioner.
2. Also heard Ms. K. Das, learned standing counsel, Elementary Education Department, for the respondent Nos. 1 to 5 and Mr. B. Deori, learned Government Advocate for the respondent No. 6.
3. The father of the petitioner Late Taslim Uddin while serving as an Assistant Teacher in 948 No. West Hapania L.P. School under Patharkandi Education Block, died in harness on 18.01.2017. Thereafter, the petitioner submitted an application for appointment on compassionate grounds on 28.02.2017. It is the case of the petitioner that the concerned District Level Committee is yet to consider the case of the petitioner and accordingly, the petitioner has been representing to the concerned authorities for placing his case before the DLC. The letters/representations are dated 08.06.2019, 20.07.2022 & 30.08.2024. However, the case of the petitioner is yet to be placed before the concerned DLC.
4. Being aggrieved, the petitioner is before this Court praying for direction to
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the authorities to place his case before the DLC.
5. Considering the short issue involved, this writ petition is disposed of directing the authorities to place the case of the petitioner before the concerned DLC in its next immediate sitting. However, if the case of the petitioner has already been considered by the DLC, the outcome of such consideration shall also be communicated to the petitioner forthwith.
6. With the above observations and directions, this writ petition is disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the authorities can be directed to place the petitioner's compassionate appointment application before the District Level Committee.
Shahjahan
The State of Assam and 5 Ors represented by the Commissioner and Secretary to the Govt. of Assam, Education (Elementary) Department
The Director of Elementary Education Assam, Kahilipara Guwahati-19
The District Elementary Education Officer Karimganj District
The Block Elementary Education Officer Patherkandi Education Block
The Deputy Inspector of Schools Karimganj District Circle
Lanusungkum Jamir
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
