Burhan Alom Laskar v. The State of Assam and 4 Ors

ORDER

07.06.2023 Heard Shri SB Laskar, learned counsel for the petitioner. Also heard Shri G Pegu, learned State Counsel, Assam as well as Shri P Bora, learned Standing Counsel, Elementary Education Department, Assam.

¶2Considering the facts and circumstances of the case and the issue involved, this writ petition is taken up for disposal at the admission stage.

¶3It may, however, be mentioned that the respondent no.2 has filed an affidavit and the learned State Counsel has also produced certain written instructions.

¶4The facts projected is that the father of the petitioner, namely, Faizur Rahmen Laskar died-in-harness on 03.01.2007 while working as an Assistant Teacher of Durgapur LP School under Katlicherra Education Block in the district of Hailakandi.

¶5It is submitted on behalf of the petitioner that he had applied for appointment on compassionate ground on 15.01.2007. The case of the petitioner, however, was rejected by the District Level Committee (DLC) in the meeting dated 05.10.2021 with the observation that the petitioner was under qualified as he had secured 36% of Page No.# 3/4 marks in the Higher Secondary examination against the requirement of 50%.

¶6Shri Laskar, learned counsel for the petitioner has submitted that the petitioner had appeared in a betterment examination wherein, his marks had improved to 55.8% and this fact was not taken into consideration. The learned counsel has drawn the attention of this Court to the relevant marksheet.

¶7Shri Bora, learned State Counsel as well as Shri Pegu, learned Standing Counsel has submitted in tandem that the rejection of the case of the petitioner has been done on relevant consideration and in any case, the death being in the year 2007, there would not be any requirement for consideration of the case of the petitioner after about 16 years.

¶8This Court has considered the rival submissions.

¶9The case of the petitioner has been structured that the marks obtained in the betterment examination have not been considered which, according to him, meet the eligibility criteria. However, a close scrutiny of the impugned order would reveal that the application, which was taken up for consideration, was filed on 01.07.2018 whereas the betterment examination is of the year 2019.

¶10Therefore, it appears that the entire projection made by the petitioner and the grounds of challenge that betterment marks ought to have been considered are without any basis. This Court is further of the opinion that after 16 years, consideration of a case for appointment on compassionate ground may not be in consonance with the objective and purpose of the Scheme which is to provide immediate succor to a family which has lost its only earning member who was a Government servant. Page No.# 4/4

¶11In view of the above, the writ petition stands dismissed.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010058672022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2137/2022o BURHANoALOMoLASKARo S/O-oLATEoFAIZURoRAHMANoLASKAR,oR/O-oVILL.oRAMPUR,oP.O.o KARICHERRAoBAZAR,oP.S.oKATLICHERRA,oDIST.oHAILAKANDI,oASSAM,o PIN-o788165. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o EDUCATIONoDEPTT.o(ELEMENTARY),oDISPUR,oGHY-06. 2:THEoDIRECTORoOFoELEMENTARYoEDUCATION oASSAM oKAHILIPARA oGUWAHATI-19. 3:THEoSTATEoLEVELoCOMMITTEEo(SLC)oFORoCOMPASSIONATEo APPOINTMENT oREPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDISPUR oGHY-06. 4:THEoDIST.oLEVELoCOMMITTEEo(DLC) oHAILAKANDIoFORoCOMPASSIONATEoAPPOINTMENT oREP.oBYoTHEoDY.oCOMMISSIONER oHAILAKANDI oDIST.oHAILAKANDI oASSAM oPIN-o788151. 5:THEoDISTRICToELEMENTARYoEDUCATIONoOFFICER oHAILAKANDI Page No.# 2/4 DIST. HAILAKANDI ASSAM PIN- 788151 Advocate for the Petitioner : MR. S B LASKAR Advocate for the Respondent : SC, ELEM. EDU BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI