Risadul Ahmed Vs the State of Assam and 3 Ors.

The matter comes up for consideration of IA(Civil) No.2927/2024 filed under Section 5 of the Limitation Act, 1963 with the prayer for condonation of delay of 200 days in filing the connected writ appeal.

¶22

Ms. H. Terangpi, learned Standing Counsel, Elementary Education puts in appearance on behalf of respondent Nos.1, 2 and 4 and Ms. R.B. Bora, learned Government Advocate, Assam puts in appearance on behalf of respondent No.3. Service is, therefore, complete.

¶23

Learned counsel for the respondents do not have any objection if the delay is condoned.

¶24

Having heard the learned counsel appearing for the parties and after going through the contents of this application, we deem it appropriate to allow the prayer for condonation of delay.

¶25

Accordingly, the delay of 200 days in filing the connected writ appeal is condoned.

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Page No.# 3/4

¶27

The interlocutory application is disposed of.

¶28

WA (Filing Number) 8758/2024

¶29

With the consent of the parties, the connected writ appeal, which is yet to be registered, is heard on merits.

¶30

The appellant has approached the Writ Court with the prayer to direct the respondents to provide compassionate appointment to her. It is the case of the appellant that her father was working as Assistant Teacher in 49 No. Udiana Balika (provincialised) L.P. School and he died in harness on 08.11.2011.

¶31

It is submitted that the mother of the appellant moved an application for appointment on compassionate ground. However, the said application was rejected by the State Level Committee on 20.07.2017 on the ground of want of vacancy. Thereafter, the appellant moved an application seeking compassionate appointment which was considered by the District Level Committee but the same was also rejected vide order dated 25.10.2021.

¶32

Being aggrieved, the appellant approached the Writ Court by way of filing writ petition, being, WP(C) 7227/2023.

¶33

The learned Single Judge, after taking into consideration the facts and circumstances of the case, has observed that from the material on record, it is clear that the family of the appellant sustained for last about 12 years and as such, the immediate object behind the grant of appointment on compassionate ground being to mitigate the hardship caused due to death of the bread earner in the family of the petitioner (appellant herein) is presently absent. The learned Single Judge while placing reliance on the decision of the Hon’ble Apex Court rendered in the case of The State of West Bengal vs. Debabrata Tiwari and others, reported in (2023) SCC Online SC 219, has dismissed the writ petition.

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Page No.# 4/4

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Being aggrieved with the dismissal of the writ petition, the petitioner has filed the connected writ appeal.

¶36

However, the learned counsel for the appellant has failed to persuade us to take a different view than the view as has been taken by the learned Single Judge and hence, we are not inclined to interfere with the impugned order passed by the learned Single Judge. Accordingly, the connected writ appeal is dismissed.

¶37

Registry is directed to register the connected writ appeal and treat the same as dismissed.

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JUDGE CHIEF JUSTICE

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Risadul Ahmed v. the State of Assam and 3 Ors.

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Risadul Ahmed v. the State of Assam and 3 Ors.

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